SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 318, 319, 320, 321, 715 of this title; title 5 section 3551; title 10 sections 503, 701, 1208, 1332, 1333, 3686, 8571, 8686; title 24 sections 279a, 281; title 37 section 204; title 38 sections 101, 765.

§ 504. National Guard schools and small arms competitions.

(a) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, members of the National Guard may

(1) attend schools conducted by the Army or the Air Force, as appropriate;

(2) conduct or attend schools conducted by the National Guard; or

(3) participate in small arms competitions. (b) Activities authorized under subsection (a) for members of the National Guard of a State or territory, Puerto Rico, the Canal Zone, or the District of Columbia may be held inside or outside its boundaries. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 611; Oct. 3, 1964, Pub. L. 88–621, § 1(2), 78 Stat. 999.) HISTORICAL AND REVISION NOTES

In subsection (a), the word "members" is substituted for the words "officers, warrant officers, and enlisted men". The words "for the purpose" and "for that purpose" are omitted as surplusage.

In subsection (b), the words "Assemblies under subsection (a)" are substituted for the words "such assemblages". The words "for members of the National Guard of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia • inside or outside of its boundaries" are substituted for the words "either within or without the State, Territory, or District of Columbia, to which the members of the National Guard designated to attend them shall belong".

AMENDMENTS

1964 Pub. L. 88-621 substituted provisions authorizing the Secretaries of the Army and of the Air Force to issue regulations, for provisions authorizing the President to issue regulations, and provided that members of the National Guard may conduct or attend schools conducted by the National Guard.

CROSS REFERENCES

Compensation for disablement during training, see section 318 of this title.

Compensation for disablement during training when not covered by section 318 of this title, see section 319 of this title.

Credit for service as members of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces.

Death gratuity, see section 321 of this title.

Death incident to service under this section, headstones for unmarked graves, see section 279a of Title 24, Hospitals, Asylums, and Cemeteries.

Rank, commissioned officers on active duty, see sections 3571 and 8571 of Title 10.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 318, 319, 320, 321, 715 of this title; title 5 section 3551; title 10 sections 701, 1208, 1332, 1333, 3571, 3686, 8571, 8686; title 24 sections 279a, 281; title 37 section 204; title 38 sections 101, 765.

§ 505. Army and Air Force schools and field exercises. Under such regulations as the President may prescribe and upon the recommendation of the governor of any State or Territory, Puerto Rico, or the Canal Zone, or of the commanding general of the National Guard of the District of Columbia, the Secretary of the Army may authorize a limited number of members of its Army National Guard to

(1) attend any service school except the United States Military Academy, and to pursue a regular course of study at the school; or

(2) be attached to an organization of the branch of the Army corresponding to the organization of the Army National Guard to which the member belongs, for routine practical instruction at or near an Army post during field training or other outdoor exercise.

Similarly, the Secretary of the Air Force may authorize a limited number of members of the Air National Guard to

(1) attend any service school except the United States Air Force Academy, and to pursue a regular course of study at the school; or

(2) be attached to an organization of the Air Force corresponding to the organization of the Air National Guard to which the member belongs, for routine practical instruction at an air base during field training or other outdoor exercise. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 611.) HISTORICAL AND REVISION NOTES

The words "branch of the Army corresponding" are substituted for the words "same arm, corps, or department", to conform to sections 3063 and 3064 of title 10. In the second sentence, the words "organization of the Air Force corresponding" are substituted for the words "same arm, corps, or department", since the Air Force is not organized by statute into branches, arms, corps, or departments. The word "members" is substituted for the words "officers, warrant officers, and enlisted men". The words "service school" are substituted for the words "military-service school of the United States". Reference to the United States Air Force Academy is inserted to reflect its establishment by the Air Force Academy Act (63 Stat. 47).

CROSS REFERENCES Compensation for disablement during training, see section 318 of this title.

Compensation for disablement during training when not covered by section 318 of this title, see section 319 of this title.

Credit for service as member of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces.

Death gratuity, see section 321 of this title.

Death incident to service under this section, headstones for unmarked graves, see section 279a of Title 24, Hospitals, Asylums and Cemeteries.

Hospitalization, when Secretary may require, see section 320 of this title.

Inactive duty training, duty (other than full-time duty) under this section as, see section 101 (23) of Title 38, Veterans' Benefits.

Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services.

Rank, commissioned officers on active duty, see sections 3571 and 8571 of Title 10.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 318, 319, 320, 321, 715 of this title; title 5 section 3551; title 10 sections 701, 1208, 1332, 1333, 3571, 3686, 8571, 8616; title 24 sections 279a, 281; title 37 section 204; title 38 sections 101, 765.

§ 506. Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard.

(a) The President shall assign for instruction of the National Guard such members of the Regular Army or the Regular Air Force as he considers necessary.

(b) The Secretary of the Army may detail members of the Regular Army to attend an encampment, maneuver, or other exercise, for field or coastdefense instruction of the Army National Guard. Similarly, the Secretary of the Air Force may detail members of the Regular Air Force to attend exercises for field or coast-defense instruction of the Air National Guard. Members so detailed shall instruct the members of the National Guard at the exercise, as directed by the Secretary concerned, or as requested by the governor or commanding officer of the National Guard there assembled. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 611.)

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

June 3, 1916, ch. 134, § 81 (1st sentence of 2d par., less 1st 7 words); added June 4, 1920, ch. 227, subch. I, § 44 (5th sentence, less 1st 6 words); restated Sept. 22, 1922 ch. 423, § 4 (6th sentence, less 1st 6 words); restated Feb. 28, 1925, ch. 371,3 (6th sentence, less 1st 6 words); restated June 15. 1933, ch. 87, § 16 (1st sentence of 2d par., less 1st 7 words), 48 Stat. 160. June 3, 1916, ch. 134, § 96, 39 Stat. 207.

In subsection (a), the words "members of the Regular Army and the Regular Air Force" are substituted for the words "officers of the Regular Army" and "enlisted men of the Regular Army".

In subsection (b), the word "members" is substituted for the words "officers and enlisted men". The words and "encampment,

"one or more", "information",

maneuver, or other" are omitted as surplusage.

CROSS REFERENCES

Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 37 section 204. § 507. Instruction in firing; supply of ammunition. Ammunition for instruction in firing and for target practice may be furnished, in such amounts

The words "post camp, or air base" are substituted for the words "military post or camp". The words "such amounts" are omitted as surplusage. The words "National Guard" are substituted for the words "troops of the militia", since the source statute historically applied only to the organized militia (see opinion of the Judge Advocate General of the Army (JAGA 1952/4374, 9 July 1952)). The word "commissioned" is inserted, since 32: 71 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)).

Sec.

Chapter 7.-SERVICE, SUPPLY, AND PROCUREMENT

701. Uniforms, arms, and equipment to be same as Army or Air Force.

702. Issue of supplies.

703. Purchases of supplies by States from Army or Air Force.

704. Accountability: relief from upon order to active duty. 705. Purchase of uniforms and equipment by officers of National Guard from Army or Air Force. 706. Return of arms and equipment upon relief from Federal service.

707. Use of public buildings for offices by instructors. 708. Property and fiscal officers.

709. Technicians: employment, use, status.

710. Reports of survey.

711. Disposition of obsolete or condemned property. 712. Disposition of proceeds of condemned stores issued

to National Guard.

713. Official mail: free transmission.

714. Final settlement of accounts: deceased members. 715. Property loss; personal injury or death: activities under certain sections of this title.

AMENDMENTS

1968-Pub. L. 90-486, § 2(2), Aug. 13, 1968, 82 Stat. 756, substituted in item 709 "Technicians: employment, use status." for "Caretakers and clerks."

1960-Pub. L. 86–740, § 1(2), Sept. 13, 1960, 74 Stat. 879, added item 715.

1958-Pub. L. 85-861, § 2(13), Sept. 2, 1958, 72 Stat. 1546, added item 714.

CROSS REFERENCES

Fraud, purchase or receipt of National Guard property, see section 1024 of Title 18, Crimes and Criminal Procedure.

General military law, Army and Air Force provisions, see Part IV of Subtitles A, B and D of Title 10, Armed Forces.

§ 701. Uniforms, arms, and equipment to be same as Army or Air Force.

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, § 2, 70A Stat. 612.)

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".

CROSS REFERENCES

Clothing for members of Army and Air Force, see sections 4562 and 9562 of Title 10, Armed Forces.

§ 702. Issue of supplies.

(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 or Territory, Puerto Rico, or the Canal Zone, 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, the Canal Zone, 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, the Canal Zone, 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, the Canal Zone, 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, § 2, 70A Stat. 612.)

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".

CROSS REFERENCES

Reserve components, issue of supplies, services, and facilities to, see section 2511 of Title 10, Armed Forces. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2511.

§ 703. Purchases of supplies by States from Army or Air Force.

(a) Subject to the approval of the Secretary of the Army, any State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia 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 or Territory, Puerto Rico, the Canal Zone, or the District of Columbia 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, § 2, 70A Stat. 613.)

Revised section

32: 33 (last proviso). 32:35.

June 3, 1916, ch. 134, §§ 83, 84, 39 Stat. 203, 204.

Revised section

702 (a)

702 (c) 702 (d).

32: 33 (1st proviso).

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.

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.

matériel"

In subsection (a), the words "stores 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".

§ 704. Accountability: relief from upon order to active duty.

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 or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, 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, § 2, 70A Stat. 613.) HISTORICAL AND REVISION NOTES

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.

CROSS REFERENCES

Sale of serviceable material to members of Army or Air Force, see sections 4621 and 9621 of Title 10, Armed Forces.

§ 706. Return of arms and equipment upon relief from Federal service.

So far as practicable, whenever units, organizations, or members of the National Guard are returned to their National Guard status under section 325 (b) 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, § 2, 70A Stat. 613.)

HISTORICAL AND REVISION NOTES

Revised section

704.

Revised section

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".

§ 705. Purchase of uniforms and equipment by officers of National Guard from Army or Air Force. 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, § 2, 70A Stat. 613.)

Revised section

705..

HISTORICAL AND REVISION NOTES

Source (U. S. Code)

32: 156.

Source (Statutes at Large)

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

The words "So far as practicable" are inserted, since sufficient arms and equipment might not be available.

§ 707. Use of public buildings for offices by instructors. Whenever practicable, instructors of the National Guard shall use State armories or other public buildings for offices. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 614.)

The word "instructors" is substituted for the words "inspector-instructors", since there are no longer any "inspector-instructors".

§ 708. Property and fiscal officers.

(a) The governor of each State and Territory, Puerto Rico, and the Canal Zone, and the commanding general of the National Guard of the District of Columbia, shall 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) before entering upon the duties of that assignment, give a good and sufficient bond to the United States, in an amount to be determined by the Secretary of the Army and the Secretary of the

Air Force, for the faithful performance of his duties and for the safekeeping and proper disposition of Federal property intrusted to his care;

(2) 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

(3) 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 Secretary concerned shall have an inspection of the accounts and records of each property and fiscal officer pertaining to his department made by an Inspector General of his department at least once during each year.

(e) 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 or Territory, Puerto Rico, the Canal Zone, and the District of Columbia.

(f) The Secretary of the Army and the Secretary of the Air Force shall prescribe joint regulations necessary to carry out subsections (a)—(e).

(g) 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, § 2, 70A Stat. 614.)

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 771a, 1007.

§ 709. Technicians: employment, use, status.

(a) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsection (b) of this section persons may be employed as technicians in

(1) the administration and training of the National Guard; and

(2) the maintenance and repair of supplies issued to the National Guard or the armed forces. (b) Except as prescribed by the Secretary concerned, a technician employed under subsection (a) shall, while so employed, be a member of the National Guard and hold the military grade specified by the Secretary concerned for that position.

(c) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title, to employ and administer the technicians authorized by this section.

(d) A technician employed under subsection (a) is an employee of the Department of the Army or the Department of the Air Force, as the case may be, and an employee of the United States. However, a position authorized by this section is outside the competitive service if the technician employed therein is required under subsection (b) to be a member of the National Guard.

(e) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned

(1) a technician who is employed in a position in which National Guard membership is required as a condition of employment and who is separated from the National Guard or ceases to hold the military grade specified for his position by the Secretary concerned shall be promptly separated from his technician employment by the adjutant general of the jurisdiction concerned;

(2) a technician who is employed in a position in which National Guard membership is required as a condition of employment and who fails to meet the military security standards established by the Secretary concerned for a member of a reserve components of the armed force under his jurisdiction may be separated from his employment as a technician and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned;

(3) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned;

(4) a reduction in force, removal, or an adverse action involving discharge from technician em