32 U.S.C. § 710 : US Code - Section 710: Accountability for property issued to the National Guard

Search 32 U.S.C. § 710 : US Code - Section 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.