Notes on 32 U.S.C. § 710 : US Code - Notes

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

(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; Pub.
L. 109-163, div. A, title X, Sec. 1057(b)(3), Jan. 6, 2006, 119
Stat. 3441.)
HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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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.
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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.
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.
AMENDMENTS
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, 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.