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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Browse Source 
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
commit 76b8ec33a7
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legal/us/code/title-32/chapter-7/section-701.md
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---
type: "LegalText"
title: "32 U.S.C. § 701"
description: "Uniforms, arms, and equipment to be same as Army or Air Force"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 32
title_name: "NATIONAL GUARD"
chapter_number: "7"
chapter_name: "SERVICE, SUPPLY, AND PROCUREMENT"
section: "701"
citation: "32 U.S.C. § 701"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip"
source_identifier: "/us/usc/t32/s701"
source_file: "data/legal/raw/us/code/title-32/usc32.xml"
source_hash: "a1a711ab90234464dbf94f0e0921c1b56632c3d8ea8053926af635270e8148d2"
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text_hash: "30779af92b52751512abdcecfd35f7072200e8b435a861f1d34538afc1bb5358"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 701 - Uniforms, arms, and equipment to be same as Army or Air Force
## Text
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, 70A Stat. 612.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70132:31.June 3, 1916, ch. 134, § 82; restated June 15, 1933, ch. 87, § 17, 48 Stat. 160. 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”.
legal/us/code/title-32/chapter-7/section-702.md
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---
type: "LegalText"
title: "32 U.S.C. § 702"
description: "Issue of supplies"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 32
title_name: "NATIONAL GUARD"
chapter_number: "7"
chapter_name: "SERVICE, SUPPLY, AND PROCUREMENT"
section: "702"
citation: "32 U.S.C. § 702"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip"
source_identifier: "/us/usc/t32/s702"
source_file: "data/legal/raw/us/code/title-32/usc32.xml"
source_hash: "53c92e0305fbf3a8b5103d97ac91f910ca07b2ad362bcd4ffb1913b45f0d2c7a"
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text_hash: "89e41f1d2094d25abb240aa16487218c228674098e485c715ad7693b6157ba75"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 702 - Issue of supplies
## Text
(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, 70A Stat. 612; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), (4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(4), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (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, 39 Stat. 203, 204. In subsection (a), the word “supplies” is substituted for the detailed description of stores, material, and equipment, since under section 101(12) of this title, “supplies” includes stores, material, and equipment. The words “may buy or manufacture” are substituted for the words “is authorized to procure * * * by purchase or manufacture”. The words “within the limits of available appropriations made by Congress” and “from time to time” are omitted as surplusage. 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
Amendments2006—Subsec. (a). Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “State or Territory or Puerto Rico”. 1988—Subsec. (a). Pub. L. 100–456, § 1234(b)(4), substituted “Territory or Puerto Rico” for “Territory, Puerto Rico, or the Canal Zone,”. Subsecs. (b) to (d). Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.
legal/us/code/title-32/chapter-7/section-703.md
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---
type: "LegalText"
title: "32 U.S.C. § 703"
description: "Purchases of supplies by States from Army or Air Force"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 32
title_name: "NATIONAL GUARD"
chapter_number: "7"
chapter_name: "SERVICE, SUPPLY, AND PROCUREMENT"
section: "703"
citation: "32 U.S.C. § 703"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip"
source_identifier: "/us/usc/t32/s703"
source_file: "data/legal/raw/us/code/title-32/usc32.xml"
source_hash: "f0d2c0a09c8fd7c564839292e645e42efb178a0dcbed9ffdbdcf646359d45073"
raw_snapshot_hash: "05d3a37f304c651e83ee524f8adc223131aae5a9d47924e35dbea35932adf29f"
text_hash: "e932a3c7cbd8028079cb01bf9dbde652025fe0496ebba35f354952cc23239a75"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 703 - Purchases of supplies by States from Army or Air Force
## Text
(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, 70A Stat. 613; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (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, 39 Stat. 204.June 23, 1910, ch. 370, 36 Stat. 603. 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
Amendments2006—Subsecs. (a), (b). 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”. 1988—Subsecs. (a), (b). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
legal/us/code/title-32/chapter-7/section-704.md
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---
type: "LegalText"
title: "32 U.S.C. § 704"
description: "Accountability: relief from upon order to active duty"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 32
title_name: "NATIONAL GUARD"
chapter_number: "7"
chapter_name: "SERVICE, SUPPLY, AND PROCUREMENT"
section: "704"
citation: "32 U.S.C. § 704"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip"
source_identifier: "/us/usc/t32/s704"
source_file: "data/legal/raw/us/code/title-32/usc32.xml"
source_hash: "9d1c78721e17b0dbba507bddf14f89dbed2b492815daa2f43daea6ce06bd41c9"
raw_snapshot_hash: "05d3a37f304c651e83ee524f8adc223131aae5a9d47924e35dbea35932adf29f"
text_hash: "4bf2aa7c573e1c4e496d77c9307782e54bd1876449240a1a4d2f653a0a54172f"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 704 - Accountability: relief from upon order to active duty
## Text
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, 70A Stat. 613; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70450:1121.July 9, 1952, ch. 608, § 711, 66 Stat. 504. 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
Amendments2006—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”. 1988—Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
legal/us/code/title-32/chapter-7/section-705.md
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---
type: "LegalText"
title: "32 U.S.C. § 705"
description: "Purchase of uniforms and equipment by officers of National Guard from Army or Air Force"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 32
title_name: "NATIONAL GUARD"
chapter_number: "7"
chapter_name: "SERVICE, SUPPLY, AND PROCUREMENT"
section: "705"
citation: "32 U.S.C. § 705"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip"
source_identifier: "/us/usc/t32/s705"
source_file: "data/legal/raw/us/code/title-32/usc32.xml"
source_hash: "092270bd1ef83e144b0a550ea7c76270d8d26b8984e65b6d84b4f3a27853ef77"
raw_snapshot_hash: "05d3a37f304c651e83ee524f8adc223131aae5a9d47924e35dbea35932adf29f"
text_hash: "1f5121d17026d1e4860345cd541aa3dd146fe35846d3c0f714964b4bddbeb97a"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 705 - Purchase of uniforms and equipment by officers of National Guard from Army or Air Force
## Text
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, 70A Stat. 613.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70532:156.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, 54 Stat. 1136; Mar. 25, 1948, ch. 157, § 5(b), 62 Stat. 91; Oct. 12, 1949, ch. 681, § 501(f)(2) and (3) (as applicable to § 109 of the Act of June 3, 1916, ch. 134), 63 Stat. 827; July 9, 1952, ch. 608, § 803 (12th par.), 66 Stat. 505. 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 sections 4621 and 9621 of title 10, which apply to all sales of individual clothing and equipment. The words “articles of individual clothing and equipment” are substituted for the words “uniforms, accouterments, and equipment”. The words “active and inactive”, “on proper identification”, and “rules and” are omitted as surplusage.
legal/us/code/title-32/chapter-7/section-706.md
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---
type: "LegalText"
title: "32 U.S.C. § 706"
description: "Return of arms and equipment upon relief from Federal service"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 32
title_name: "NATIONAL GUARD"
chapter_number: "7"
chapter_name: "SERVICE, SUPPLY, AND PROCUREMENT"
section: "706"
citation: "32 U.S.C. § 706"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip"
source_identifier: "/us/usc/t32/s706"
source_file: "data/legal/raw/us/code/title-32/usc32.xml"
source_hash: "d9af368b36b84c53da8c454603fac3f3d7ceb02b38780b6fbae42d6c4a2ab6bb"
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text_hash: "5c26ab7bd4b2125ae3ec46c671b82ab8eebad7d15d4b96f46c8d6f3d0ca5e19b"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 706 - Return of arms and equipment upon relief from Federal service
## Text
So far as practicable, whenever units, organizations, or members of the National Guard are returned to their National Guard status under section 325(b) 11 See References in Text note below. 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, 70A Stat. 613.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70650:1122(b) (last 17 words.)July 9, 1952, ch. 608, § 712(b) (last 17 words), 66 Stat. 504. The words “So far as practicable” are inserted, since sufficient arms and equipment might not be available.
Editorial Notes
References in TextSection 325(b) of this title, referred to in text, was redesignated section 325(c) of this title by Pub. L. 110–417, [div. A], title V, § 517(b)(1), Oct. 14, 2008, 122 Stat. 4442.
legal/us/code/title-32/chapter-7/section-707.md
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---
type: "LegalText"
title: "32 U.S.C. § 707"
description: "Use of public buildings for offices by instructors"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 32
title_name: "NATIONAL GUARD"
chapter_number: "7"
chapter_name: "SERVICE, SUPPLY, AND PROCUREMENT"
section: "707"
citation: "32 U.S.C. § 707"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip"
source_identifier: "/us/usc/t32/s707"
source_file: "data/legal/raw/us/code/title-32/usc32.xml"
source_hash: "90391d36fa2ad335d9ab1f69a7512efac17d90c2e5e69ea2f3583e6e909a69d2"
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text_hash: "a09c02154e90fd1609e136fa1b3adb851dab2ba3d64bd8f97cda3e977174bd1d"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 707 - Use of public buildings for offices by instructors
## Text
Whenever practicable, instructors of the National Guard shall use State armories or other public buildings for offices.
(Aug. 10, 1956, ch. 1041, 70A Stat. 614.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70732:74.May 12, 1917, ch. 12 (10th proviso under “National Guard”), 40 Stat. 68. The word “instructors” is substituted for the words “inspector-instructors”, since there are no longer any “inspector-instructors”.
legal/us/code/title-32/chapter-7/section-708.md
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---
type: "LegalText"
title: "32 U.S.C. § 708"
description: "Property and fiscal officers"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 32
title_name: "NATIONAL GUARD"
chapter_number: "7"
chapter_name: "SERVICE, SUPPLY, AND PROCUREMENT"
section: "708"
citation: "32 U.S.C. § 708"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip"
source_identifier: "/us/usc/t32/s708"
source_file: "data/legal/raw/us/code/title-32/usc32.xml"
source_hash: "8fe4daa0185a4e89e546bc39f12ea9af586bb03bbf9f3cb1d46bf21745bc470f"
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text_hash: "6d119c9e3a07ddcc4fa14fdd6339f35a7e2457b857958a7e5f570790c8f1cd9b"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 708 - Property and fiscal officers
## Text
(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, 70A Stat. 614; Pub. L. 92–310, title II, § 207, June 6, 1972, 86 Stat. 203; Pub. L. 95–79, title VIII, § 804(b), July 30, 1977, 91 Stat. 333; Pub. L. 96–513, title V, § 515(4), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–189, div. A, title VI, § 653(g), Nov. 29, 1989, 103 Stat. 1463; Pub. L. 109–163, div. A, title X, § 1057(b)(2), (4), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 116–92, div. A, title V, § 518, Dec. 20, 2019, 133 Stat. 1350.)
## Notes
Historical and Revision Notes Revised sectionSource (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.), 39 Stat. 200; July 9, 1918, ch. 143, subch. III (last par.); restated July 6, 1954, ch. 462, 58 Stat. 451.June 3, 1924, ch. 244, § 5, 43 Stat. 365; July 6, 1954, ch. 462, 68 Stat. 451. 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 (37 U.S.C. 232), to the pay and allowances of the grade in which he is serving. 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
Amendments2019—Subsec. (a). Pub. L. 116–92 inserted “, in consultation with the Chief of the National Guard Bureau,” after “shall”. 2006—Subsec. (a). Pub. L. 109–163, § 1057(b)(4), substituted “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “State or Territory and Puerto Rico”. Subsec. (d). Pub. L. 109–163, § 1057(b)(2), substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State or Territory, Puerto Rico, and the District of Columbia”. 1989—Subsec. (a). Pub. L. 101–189 substituted “The Governor of each State or Territory and Puerto Rico” for “The governor of each State and Territory, Puerto Rico, and the Canal Zone”. 1988—Subsec. (d). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”. 1980—Subsec. (b). Pub. L. 96–513 redesignated pars. (2) and (3) as (1) and (2), respectively. 1977—Subsec. (d). Pub. L. 95–79, § 804(b)(1), (2), redesignated subsec. (e) as (d). Former subsec. (d), which authorized inspections at least once a year by Inspectors General of the departments concerned, was struck out. Subsec. (e). Pub. L. 95–79, § 804(b)(2), (3), redesignated subsec. (f) as (e) and substituted “(d)” for “(e)”. Former subsec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 95–79, § 804(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively. 1972—Subsec. (b)(1). Pub. L. 92–310 repealed provisions which related to the bond required of property and fiscal officers.
Effective Date of 1980 AmendmentAmendment 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.
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---
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---
# 32 U.S.C. § 710 - Accountability for property issued to the National Guard
## Text
(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, 70A Stat. 615; Pub. L. 85–861, § 33(c)(3), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 96–328, § 1(a), (b)(1), Aug. 8, 1980, 94 Stat. 1027; Pub. L. 96–513, title V, § 515(8), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 97–258, § 3(h)(2), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 103–160, div. A, title V, § 524(e), Nov. 30, 1993, 107 Stat. 1657; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (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 ActThis change corrects a typographical error.
Editorial Notes
References in TextSection 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.
Amendments2006—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 AmendmentsAmendment 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].”
Effective Date of 1958 AmendmentAmendment 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.
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type: "LegalText"
title: "32 U.S.C. § 711"
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# 32 U.S.C. § 711 - Disposition of obsolete or condemned property
## Text
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, 70A Stat. 616; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 71132:46.June 3, 1916, ch. 134, § 85, 39 Stat. 204. 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
Amendments2006—Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”. 1988—Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
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type: "LegalText"
title: "32 U.S.C. § 712"
description: "Disposition of proceeds of condemned stores issued to National Guard"
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# 32 U.S.C. § 712 - Disposition of proceeds of condemned stores issued to National Guard
## Text
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, 70A Stat. 616; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 71232:45.June 3, 1916, ch. 134, § 88, 39 Stat. 205; Oct. 31, 1951, ch. 654, § 3(5), 65 Stat. 708. 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
Amendments2006—Par. (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”. 1988—Par. (1). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
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# 32 U.S.C. § 713 - Official mail: free transmission
## Text
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, 70A Stat. 617.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 71332:196.Aug. 1, 1953, ch. 305, § 643, 67 Stat. 357. The word “Hereafter” is omitted as executed. The words “and the Air National Guard” are omitted, since “National Guard”, as defined in section 101(2) of this title, includes the Army National Guard and the Air National Guard. The words “Federal service” are substituted for the words “active service of the United States”. The words “mailing of official matter” are substituted for the words “transmission of official mail matter”.
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# 32 U.S.C. § 714 - Final settlement of accounts: deceased members
## Text
(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 section 2771(b) of title 10.
(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 Pub. L. 85–861, § 2(12), Sept. 2, 1958, 72 Stat. 1546; amended Pub. L. 87–46, June 16, 1961, 75 Stat. 92; Pub. L. 104–316, title II, § 202(q), Oct. 19, 1996, 110 Stat. 3844.)
## Notes
Historical and Revision Notes Revised sectionSource (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), 69 Stat. 295, 296. 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 section 101(18) of this title, “spouse” includes a widower. 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
Amendments1996—Subsec. (c). Pub. L. 104–316, in first sentence, substituted “Secretary concerned” for “Comptroller General” and struck out at end “Payment under clause (6) of subsection (a) shall be made— “(1) upon settlement by the General Accounting Office; or “(2) as otherwise authorized by the Comptroller General.” 1961—Subsec. (c). Pub. L. 87–46 substituted “Payment under clause (6) of subsection (a) shall be made— “(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, 1956Designation 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 section 2771 of Title 10, Armed Forces.
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# 32 U.S.C. § 715 - Property loss; personal injury or death: activities under certain sections of this title
## Text
(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 section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under section 206 of title 37, or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections.
(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 section 2734 of title 10 or section 2672 of title 28;
(3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service;
(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 section 1304 of title 31.
(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 Pub. L. 86–740, § 1(1), Sept. 13, 1960, 74 Stat. 878; amended Pub. L. 87–649, § 8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L. 90–486, § 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90–525, § 6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91–312, § 3, July 8, 1970, 84 Stat. 412; Pub. L. 92–445, Sept. 29, 1972, 86 Stat. 745; Pub. L. 93–336, § 3, July 8, 1974, 88 Stat. 292; Pub. L. 98–564, § 4, Oct. 30, 1984, 98 Stat. 2919; Pub. L. 104–316, title II, § 202(r), Oct. 19, 1996, 110 Stat. 3844.)
## Notes
Editorial Notes
Amendments1996—Subsec. (d). Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General”. 1984—Subsec. (a). Pub. L. 98–564, § 4(1), substituted “$100,000” for “$25,000”. Subsec. (d). Pub. L. 98–564, § 4(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “If the Secretary of the military department concerned considers that a claim in excess of $25,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $25,000 and report the excess to Congress for its consideration”. Subsec. (f). Pub. L. 98–564, § 4(3), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “In any case where the amount to be paid is not more than $5,000, the authority contained in subsection (a) may be delegated to any officer of the Army or the Air Force, as the case may be, who has been delegated authority under section 2733(g) of title 10, to settle similar claims, subject to appeal to the Secretary concerned, or his designee for that purpose”. 1974—Subsecs. (a), (d). Pub. L. 93–336, § 3(1), (2), substituted “$25,000” for “$15,000”. Subsec. (f). Pub. L. 93–336, § 3(3), substituted “$5,000” for “$2,500”. 1972—Subsec. (b)(4). Pub. L. 92–445 inserted provision that claim may be allowed to extent that law of place where act or omission complained of occurred would permit recovery from a private individual under similar circumstances, when damage to or loss of property, or personal injury or death was caused wholly or partly by a negligent or wrongful act of claimant, his agent, or his employee. 1970—Subsecs. (a), (d). Pub. L. 91–312 substituted “$15,000” for “$5,000”. 1968—Subsec. (a). Pub. L. 90–486 struck out “caused by a person employed under section 709 of this title acting within the scope of his employment;” after “acting within the scope of his employment;”. Subsec. (f). Pub. L. 90–525 increased limitation on amount of settlement from $1,000 to $2,500 and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of the Army or the Air Force. 1962—Subsec. (a)(3). Pub. L. 87–649 substituted “section 206 of title 37” for “section 301 of title 37”.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–486 effective Jan. 1, 1968, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90–486, set out as a note under section 709 of this title.
Effective Date of 1962 AmendmentAmendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Savings Provision for Claims Arising Before January 1, 1969Settlement and payment of claims arising under this section before January 1, 1969, see section 3(a) of Pub. L. 90–486, set out as a note under section 709 of this title.
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# 32 U.S.C. § 716 - Claims for overpayment of pay and allowances, and travel and transportation allowances
## Text
(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 section 101(5) of title 37, when—
(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 Pub. L. 92–453, § 2(1), Oct. 2, 1972, 86 Stat. 759; amended Pub. L. 96–513, title V, § 515(9), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 99–224, § 3(a), Dec. 28, 1985, 99 Stat. 1742; Pub. L. 102–190, div. A, title VI, § 657(c), Dec. 5, 1991, 105 Stat. 1393; Pub. L. 104–316, title I, § 116, Oct. 19, 1996, 110 Stat. 3835; Pub. L. 109–364, div. A, title VI, § 671(b), Oct. 17, 2006, 120 Stat. 2270.)
## Notes
Editorial Notes
Amendments2006—Subsec. (a)(2)(A). Pub. L. 109–364, § 671(b)(1), substituted “$10,000” for “$1,500”. Subsec. (b)(2). Pub. L. 109–364, § 671(b)(2), substituted “five” for “three”. 1996—Subsec. (a)(1). Pub. L. 104–316, § 116(1)(A), substituted “Director of the Office of Management and Budget” for “Comptroller General”. Subsec. (a)(2). Pub. L. 104–316, § 116(1)(B), inserted “and” at end of subpar. (A), redesignated subpar. (C) as (B) and substituted “Director of the Office of Management and Budget” for “Comptroller General”, and struck out former subpar. (B) which read as follows: “the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and”. Subsec. (b). Pub. L. 104–316, § 116(2), substituted “The Director of the Office of Management and Budget” for “Comptroller General” in introductory provisions. 1991—Subsec. (a)(2)(A). Pub. L. 102–190 substituted “$1,500” for “$500”. 1985—Pub. L. 99–224, § 3(a)(1), substituted “and travel” for “other than travel” in section catchline. Subsec. (a). Pub. L. 99–224, § 3(a)(2), substituted “made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances” for “, other than travel and transportation allowances, made before or after October 2, 1972”. Subsec. (b)(2). Pub. L. 99–224, § 3(a)(3), struck out “of pay or allowances, other than travel and transportation allowances,” before “was discovered”. 1980—Subsec. (a). Pub. L. 96–513 substituted “October 2, 1972” for “the effective date of this section”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109–364 effective Mar. 1, 2007, see section 671(c) of Pub. L. 109–364, set out as a note under section 2774 of Title 10, Armed Forces.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–316 effective 60 days after Oct. 19, 1996, see section 101(e) of Pub. L. 104–316, set out as a note under section 4593 of Title 2, The Congress.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–224 applicable to any claim arising out of an erroneous payment of travel and transportation allowances made on or after Dec. 28, 1985, see section 4 of Pub. L. 99–224, set out as a note under section 5584 of Title 5, Government Organization and Employees.
Effective Date of 1980 AmendmentAmendment 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.
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# 32 U.S.C. § 717 - Repealed. Pub. L. 109–163, div. A, title V, § 589(b)(2), Jan. 6, 2006, 119 Stat. 3279]
## Notes
Section, added Pub. L. 108–375, div. A, title V, § 520(b)(1), Oct. 28, 2004, 118 Stat. 1886, related to presentation of recognition items for retention purposes.