Title 32 — National Guard
Chapter 7 — Service, Supply, and Procurement
§ 710. Accountability for property issued to the National Guard
Statutory text
All military property issued by the United States to the National Guard remains the property of the United States.
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.
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.
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:
A sale.
A stoppage against a member of the National Guard.
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.
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.
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.
In designating an officer to conduct inspections and make findings for purposes of paragraph (1), the Secretary concerned shall designate—
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
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 615 · 70A Stat. 615
Enacted · 32 U.S.C. § 710
Aug. 10, 1956, ch. 1041, 70A Stat. 615
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 615Pub. L. 85–861 § 33(c)(3) · 72 Stat. 1437
Substituted · 32 U.S.C. § 710(c)
Pub. L. 85–861 substituted “of further” for “or further”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 85–861 substituted “of further” for “or further”.Enacted provision · exact public law section
(3) Section 710 (c) is amended by striking out the words “or further” 32 USC 710. in the first sentence and inserting the words “of further” in place thereof.Pub. L. 96–328 § 1(b)(1) · 94 Stat. 1027
Substituted · 32 U.S.C. § 710
Pub. L. 96–328, § 1(b)(1), substituted “Accountability for property issued to the National Guard” for “Reports of survey” in section catchline
Source evidence
Code amendment note
Pub. L. 96–328, § 1(b)(1), substituted “Accountability for property issued to the National Guard” for “Reports of survey” in section catchline.Enacted provision · exact public law section
(1) The section heading for such section is amended to read as follows: “§710. Accountability for property issued to the National Guard”.Effective date note
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. Pub. L. 96–328, § 2, Aug. 8, 1980, 94 Stat. 1028, 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].”Pub. L. 96–328 § 1(a) · 94 Stat. 1027
Substituted · 32 U.S.C. § 710(b)
Pub. L. 96–328, § 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
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–328, § 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.Enacted provision · exact public law section
(1) The section heading for such section is amended to read as follows: “§710. Accountability for property issued to the National Guard”.Effective date note
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. Pub. L. 96–328, § 2, Aug. 8, 1980, 94 Stat. 1028, 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].”Pub. L. 96–328 § 1(a) · 94 Stat. 1027
Substituted · 32 U.S.C. § 710(c)
Pub. L. 96–328, § 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
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–328, § 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.Enacted provision · exact public law section
(1) The section heading for such section is amended to read as follows: “§710. Accountability for property issued to the National Guard”.Effective date note
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. Pub. L. 96–328, § 2, Aug. 8, 1980, 94 Stat. 1028, 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].”Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 515(8) · 94 Stat. 2835
Repealed · 32 U.S.C. § 710(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(8) Section 710(d) is amended by striking out “section 725c(b)(22) of title 31” and inserting in lieu thereof “section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934 (31 U.S.C. 725c(b)(22))”.Effective date note
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. Pub. L. 96–328, § 2, Aug. 8, 1980, 94 Stat. 1028, 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].”Pub. L. 97–258 § 3(h)(2) · 96 Stat. 1065
Struck · 32 U.S.C. § 710(d)
Pub. L. 97–258 struck out “(31 U.S.C. 725c(b)(22))” after “1934”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–258 struck out “(31 U.S.C. 725c(b)(22))” after “1934”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 div. A title XII § 1234(b)(1) · 102 Stat. 1918
Struck · 32 U.S.C. § 710(c); 32 U.S.C. § 710(d)(3); 32 U.S.C. § 710(e); 32 U.S.C. § 710(f)
Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”
Source evidence
Code amendment note
Subsecs. (c), (d)(3), (e), (f). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.Enacted provision · exact public law section
(1) Sections 101(4), 101(6), 103, 104(c), 104(d), 107(b), 109, 304, 314(a), 314(d), 315(a), 315(b), 333, 501(b), 503(b), 504(b), 702(b), 702(c), 702(d), 703, 704, 708(d), 710, 711 and 712 are each amended by striking out “the Canal Zone,”.Pub. L. 103–160 div. A title V § 524(e) · 107 Stat. 1547
Amended · 32 U.S.C. § 710(f)
Pub. L. 103–160 designated existing provisions as par. (1)
Substituted · 32 U.S.C. § 710(f)
Pub. L. 103–160 substituted “subsections (b), (c), and (d)” for “subsections (b)–(d)”
Struck · 32 U.S.C. § 710(f)
Pub. L. 103–160 struck out “of the Regular Army or the Regular Air Force, as the case may be,” after “commissioned officer”
Added · 32 U.S.C. § 710(f)
Pub. L. 103–160 added par. (2)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(e) Personnel Authorized To Make Unserviceability Findings.— Section 710(f) of title 32, United States Code, is amended— (1) by inserting “(1)” after “(f)”; (2) by striking out “subsections (b)–(d)” and inserting in lieu thereof “subsections (b), (c), and (d)”; (3) by striking out “of the Regular Army or the Regular Air Force, as the case may be,”; and (4) by adding at the end the following: “(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.”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title X § 1057(b)(3) · 119 Stat. 3136
Substituted · 32 U.S.C. § 710(c); 32 U.S.C. § 710(d)(3); 32 U.S.C. § 710(e); 32 U.S.C. § 710(f)(1)
Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia” wherever appearing
Source evidence
Code amendment note
Subsecs. (c), (d)(3), (e), (f)(1). Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia” wherever appearing.Enacted provision · exact public law section
(3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712 are amended by striking “State or Territory, Puerto Rico, or the District of Columbia” and “State or Territory, Puerto Rico, the Virgin Islands or the District of Columbia” each place they appear and inserting “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands”.
11 of 13 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| 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, 68 Stat. 880.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), 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.
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, 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, , 96 Stat. 877.
Amendments1958–2006 · 6 rounds
2006
Subsecs. (c), (d)(3), (e), (f)(1). Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia” wherever appearing.
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, § 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, § 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, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendments
Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 96–328, § 2, , 94 Stat. 1028, 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 . 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 [].”
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–861 effective , see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of Title 10, Armed Forces.
Credits
1956–2006 · 8 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 615
- 1958Pub. L. 85–861, § 33(c)(3), , 72 Stat. 1567
- 1980Pub. L. 96–328, § 1(a), (b)(1), , 94 Stat. 1027
- 1980Pub. L. 96–513, title V, § 515(8), , 94 Stat. 2937
- 1982Pub. L. 97–258, § 3(h)(2), , 96 Stat. 1065
- 1988Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059
- 1993Pub. L. 103–160, div. A, title V, § 524(e), , 107 Stat. 1657
- 2006Pub. L. 109–163, div. A, title X, § 1057(b)(3), , 119 Stat. 3441.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 615; Pub. L. 85–861, § 33(c)(3), , 72 Stat. 1567; Pub. L. 96–328, § 1(a), (b)(1), , 94 Stat. 1027; Pub. L. 96–513, title V, § 515(8), , 94 Stat. 2937; Pub. L. 97–258, § 3(h)(2), , 96 Stat. 1065; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059; Pub. L. 103–160, div. A, title V, § 524(e), , 107 Stat. 1657; Pub. L. 109–163, div. A, title X, § 1057(b)(3), , 119 Stat. 3441.)