ployment, suspension, furlough without pay, or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned; (5) a right of appeal which may exist with respect to clause (1), (2), (3), or (4) shall not extend beyond the adjutant general of the jurisdiction concerned; and (6) a technician shall be notified in writing of the termination of his employment as a technician and such notification shall be given at least thirty days prior to the termination date of such employment. (f) Sections 2108, 3502, 7511, and 7512 of title 5, United States Code, do not apply to any person employed under this section. (g) (1) Notwithstanding sections 5544(a) and 6102 of title 5, United States Code, or any other provision of law, the Secretary concerned may, in the case of technicians assigned to perform operational duties at air defense sites (A) prescribe the hours of duties; (B) fix the rates of basic compensation; and (C) fix the rates of additional compensation; to reflect unusual tours of duty, irregular additional duty, and work on days that are ordinarily nonworkdays. Additional compensation under this subsection may be fixed on an annual basis and is determined as an appropriate percentage, not in excess of 12 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-10 of the General Schedule under section 5332 of title 5, United States Code. (2) Notwithstanding sections 5544 (a) and 6102 of title 5, United States Code, or any other provision of law, the Secretary concerned may, for technicians other than those described in clause (1) of this subsection, prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5, United States Code, or any other provision of law, such technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work, and shall not be entitled to compensation for such work. (h) In no event shall the number of technicians employed under this section at any one time exceed 42,500. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 614; Sept. 13 1961, Pub. L. 87-224, § 2, 75 Stat. 496; Pub. L. 90-486, § 2(1), Aug. 13, 1968, 82 Stat. 486.) Revised section 709 (a).. HISTORICAL AND REVISION NOTES Source (U. S. Code) 32: 42 (1st par.); 32: 42a (less 28 words before 1st proviso). 709 (b) 32: 42 (2d par., and last sentence of 4th par.). 32: 42 (3d par.). 709 (c) 709 (d). 709 (e).. 709 (f)... 32: 42 (4th par., less last sentence). 32: 42 (last par., less proviso); 32: 42a (28 words before 1st proviso). 32: 42 (proviso of last par.). Source (Statutes at Large) June 3, 1916, ch. 134, §*90; restated June 4, 1920, ch. 227, subch. I. § 46; restated Mar. 1, 1922, ch. 90; restated June 6, 1924, ch. 275, 5; restated May 28, 1926, ch. 417, § 1; Apr. 21, 1928, ch. 397; June 19, 1935, ch. 277, § 6; June 13, 1940, ch. 343 (1st proviso under "National Guard"); stated Oct. 14, 1940, ch. 875, $1, 54 Stat. 1134. re June 25, 1938, ch. 688, 52 Stat. 1173. In subsection (a), the words "may be spent" are substituted for the words "shall be available". The reference to animals for military purposes and forage, bedding, auu other supplies and services for them, is omitted as obsolete, since animals are not now authorized for the National Guard. The word "persons" is substituted for the word "help". The words "Army National Guard" and "Air National Guard" are substituted for the words "organizations of all kinds". The words "the support of" are omitted as surplusage. The words "A caretaker employed under this subsection" are substituted for the words "Moneys hereafter appropriated under the provisions of this title for compensation of help for care of material, animals, armament, and equipment, in the hands of the National Guard of the several States, Territories, and the District of Columbia shall be available for the hire of caretakers". The words "and other duties that do not interfere with the performance of his duties as caretaker" are substituted for 32: 42a (1st proviso). 32: 42a (2d and 3d provisos) is omitted as executed. In subsection (b), the words "However, if a unit has more than one caretaker" are substituted for the words "but if there are as many as two caretakers in any unit”. The words "under this section", in the first sentence of the revised subsection, are inserted for clarity. The words "under this section", in the second sentence of the revised subsection, are substituted for the words "paid to caretakers who belong to the National Guard, as herein authorized". The words "under any of the provisions of this title" are omitted as surplusage. In subsection (c), the words "or organizations thereof" are omitted as surplusage. In subsection (d), the words "one officer in a grade below major • commissioned for each pool set up under subsection (c) and for each squadron of the Air National Guard" are substituted for the words "one such officer not above the grade of captain for each heavier-than-air squadron; and one such officer not above the grade of captain for each pool". In subsection (e), the words "Funds appropriated by Congress" are substituted for the words "Funds hereafter appropriated under the provisions of this title for the support of", in 32: 42, and "such moneys", in 32: 42a. The words "are in addition to" are substituted for the words "shall be supplemental to", in 32: 42, and "may be used as supplemental to", in 32: 42a. In subsection (f), the words "authorized to be employed under this section" are substituted for the words "authorized to be employed". The words "person to employ them" are substituted for the words "by whom they shall be employed". The words "by regulations" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. AMENDMENTS 1968 Pub. L. 90-486 substituted "Technicians: employment, use, status" for "Caretakers and clerks" in the catchline. Subsec. (a). Pub. L. 90-486 substituted provisions that persons may be employed as technicians in the administration and training of the National Guard and the maintenance and repair of supplies issued to the National Guard or the armed forces for provisions that authorized the Secretaries of the Army and the Air Force to hire, out of funds allotted to them for the Army National Guard and the Air National Guard, respectively competent persons to care for material, armament, and equipment of the Army National Guard and Air National Guard, and provisions that a caretaker so employed may also perform clerical duties incidental to his employment and other duties that do not interfere with the performance of his duties as caretaker. Subsec. (b). Pub. L. 90-486 substituted provisions requiring, except as prescribed by the Secretary concerned, any technician employed to be a member of the National Guard and hold the military grade specified by the Secretary concerned for that position for provisions permitting civilians as well as enlisted men to be employed as caretakers, provided that if a unit has more than one caretaker, one of them must be an enlisted member, and provisions that any compensation under this section is in addition to compensation otherwise provided for a member of the National Guard. Subsec. (c). Pub. L. 90-486 substituted provisions authorizing the Secretary concerned to designate adjutants general to employ and administer the technicians authorized by this section for provisions authorizing the Secretary concerned to place in a common pool for care, maintenance, and storage the material, armament, and equipment of the Army National Guard or Air National Guard, with the proviso that not more than 15 caretakers be employed for each pool. Subsec. (d). Pub. L. 90-486 substituted provisions that a technician employed under subsec. (a) is an employee of the particular department concerned, and an employee of the United States, with the proviso that a position authorized by this section is outside the competitive service if the technician so employed is required under subsec. (b) to be a member of the National Guard, for provisions that one commissioned officer of the National Guard in a grade below major may be employed for each pool set up and for each squadron of the Air National Guard. Subsec. (e). Pub. L. 90-486 substituted provisions authorizing the adjutant general of the jurisdiction concerned to separate from technicians employment any technician for the specified grounds, provisions requiring the technician concerned to be notified in writing of the termination of his employment at least 30 days prior to the termination date of such employment, and provisions granting a limited right of appeal from such termination, for provisions appropriating funds by Congress for the National Guard as additional to funds appropriated by the several states and territories, etc., and provisions making such funds available for the hire of caretakers and clerks. Subsec. (f). Pub. L. 90-486 substituted provisions making inapplicable sections 2108, 3502, 7511, and 7512 of Title 5 to any person employed under this section for provisions authorizing the Secretary concerned to fix the salaries of clerks and caretakers and to designate the person to employ them, and provisions authorizing compensation to include the amounts of the employer's contributions to retirement systems. Subsecs. (g), (h). Pub. L. 90-486 added subsecs. (g) and (h). 1961-Subsec. (f). Pub. L. 87-224 provided that the authorized compensation may include employer's contributions to retirement systems, and that such contributions shall not exceed 61⁄2 per centum of the compensation upon which based. EFFECTIVE DATE OF 1968 AMENDMENT Section 11 of Pub. L. 90-486 provided that: "This Act [see Short Title note under this section] becomes effective January 1, 1969, 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 January 1, 1969." SHORT TITLE Section 1 of Pub. L. 90-486 provided: "That this Act [which amended this section and section 715 of this title, sections 2105, 8332, 8334, and 8339 of Title 5, sections 3848, 3851, 8848, and 8851 of Title 10, and section 418 of Title 42, and enacted provisions set out as notes under this section] may be cited as the 'National Guard Technicians Act of 1968'." SAVINGS PROVISIONS FOR ACCRUED CLAIMS; CONVERSION TO FEDERAL EMPLOYEE STATUS; CREDIT FOR PAST SERVICE; LEAVE CREDIT Section 3 of Pub. L. 90-486 provided that: "(a) A claim accrued under section 715 of title 32, United States Code, before the effective date of this Act [see effective date note under this section] by reason of the act or omission of a person employed under section 709 of title 32, United States Code [this section], may, if otherwise allowable, be settled and paid under section 715 of title 32, United States Code. "(b) Except as provided in this Act and in the amendments made by this Act [see Short Title note under this section] and nothwithstanding any law, rule, regulation, or decision to the contrary, the positions of persons employed under section 709 of title 32, United States Code, existing on the day before the effective date of this Act, and the persons holding those positions on that day, shall, on and after that effective date, be considered to be posi tions in and employees of the Department of the Army or the Department of the Air Force, as the case may be, and employees of the United States to the same extent as other positions in and employees of the Department cf the Army or the Department of the Air Force. Such positions shall be outside the competitive service, if, as a condition of employment, the persons employed therein were, on the day before the effective date of this Act, required to be members of the Army National Guard or the Air National Guard. "(c) All service under section 709 of title 32, United States Code, or prior corresponding provision of law, performed before the effective date of this Act shall be included and credited in the determination of length of service for the purposes of leave, Federal employees death and disability compensation, group life and health insurance, severance pay. tenure, and status. This subsection shall apply only in the case of persons who perform service under section 709 of title 32, United States Code, on or after the effective date of this Act. "(d) Annual leave and sick leave to which a technician was entitled on the day before the conversion of his position, as provided in subsection (b) of this section, shall be credited to him in his new position." PERSONS EMPLOYED PRIOR TO JANUARY 1, 1969, WHOSE EMPLOYMENT WAS COVERED BY CIVIL SERVICE RETIREMENT PROVISIONS Section 5(d) of Pub. L. 90-486 provided that: "Clause (4) of subsection (a) of this section [which amended section 8332(b) of title 5] and subsections (b) and (c) of this section [which amended section 8334 (c) and added section 8339(1) of title 5] do not apply to any person employed prior to the effective date of this Act [see Effective Date note under this section] under section 709 of title 32, United States Code [this section], whose employment under that section was covered by subchapter III of chapter 83 of title 5, United States Code." ELECTION TO REMAIN UNDER STATE RETIREMENT SYSTEM; REEMPLOYED TECHNICIANS; CONTINUATION OF FEDERAL CONTRIBUTIONS Section 6 of Pub. L. 90-486 provided that: "(a) Notwithstanding section 709 (d) of title 32, United States Code [subsec. (d) of this section], a person who, on the date of enactment of this Act [Aug. 13, 1968], is employed under section 709 of title 32, United States Code [this section], and is covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, may elect, not later than the effective date of this Act [see Effective Date note under this section], not to be covered by subchapter III of chapter 83 of title 5, United States Code, and with the consent of the State concerned or Commonwealth of Puerto Rico, to remain covered by the employee retirement system of, or plan sponsored by, that State or the Commonwealth of Puerto Rico. Unless such an election, together with a statement of approval by the State concerned or the Commonwealth of Puerto Rico, is filed with the Secretary of the Army or the Secretary of the Air Force, as appropriate, on or before the effective date of this Act, the person concerned is covered by subchapter III of chapter 83 of title 5, United States Code, as of that date. "(b) A member of the National Guard of a State or the Commonwealth of Puerto Rico who was employed as a technician under section 709 of title 32, United States Code, or prior corresponding provision of law, who "(1) was involuntarily ordered to active duty after January 1, 1968, from that employment and has not been released from that duty prior to the effective date of this Act; or "(2) is on active duty under section 265, 3015, 3033, 3496, 8033 or 8496 of title 10, United States Code, on the effective date of this Act; and was covered by a retirement system or plan of a State or the Commonwealth of Puerto Rico, may, if he is reemployed within sixty days under section 709 of title 32, United States Code, make the election described in subsection (a) of this section, within thirty days following the date of his reemployment. "(c) In the case of any person who files a valid election under this section to remain covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, the United States may pay the amount of the employer's contributions to that system or plan that become due for periods beginning on or after the effective date of this Act. However, the payment by the United States, including any contribution that may be made by the United States toward the employer's tax imposed by section 3111 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 3111) may not exceed the amount which the employing agency would otherwise contribute on behalf of the person to the Civil Service Retirement and Disability Fund under section 8334(a) of title 5, United States Code. Notwithstanding section 8332(b) of title 5, United States Code, as amended by section 5 of this Act, the service under section 709 of title 32, United States Code, or prior corresponding provision of law, of a person who has made an election to remain covered by the employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, shall not be creditable toward eligibility for or amount of annuity under subchapter III of chapter 83 of title 5, United States Code. A person who retires pursuant to his valid election shall not be eligible for any rights, benefits, or privileges to which retired civilian employees of the United States may be entitled." COMPENSATION RATES; CONVERSION AND ADJUSTMENT OF COMPENSATION TO THE GENERAL SCHEDULE Section 8 of Pub. L. 90-486 provided that: "(a) Except as provided in section 709 (g) of title 32, United States Code [subsec. (g) of this section], the Secretary concerned shall fix the rate of basic compensation of positions existing on the date of enactment of this Act [Aug. 13, 1968] in accordance with the General Schedule set forth in section 5332, or under the appropriate prevaling rate schedule in accordance with section 5341 of title 5, United States Code, as applicable. In fixing such rate "(1) If the technician is receiving a rate of basic compensation which is less than the minimum rate of the appropriate grade of the General Schedule, or which is less than the minimum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, his basic compensation shall be increased to that minimum rate. "(2) If the technician is receiving a rate of basic compensation which is equal to a rate of the appropriate grade of the General Schedule, or which is equal to a rate of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at that rate of the General Schedule, or at that rate under the prevailing rate schedule, as applicable. "(3) If the technician is receiving a rate of basic compensation which is between two rates of the appropriate grade of the General Schedule, or which is between two rates of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at the higher of those two rates under the General Schedule or appropriate prevailing rate schedule, as applicable. "(4) If the technician is receiving a rate of basic compensation which is in excess of the maximum rate of the appropriate grade of the General Schedule, or which is in excess of the maximum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall continue to receive basic compensation without change in rate until "(A) he leaves that position, or "(B) he is entitled to receive basic compensation at a higher rate, but, when any such position becomes vacant, the rate of basic compensation of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation. "(b) The conversion of positions and employees to appropriate grades of the General Schedule set forth in section 5332 of title 5, United States Code, and the initial adjustment of rates of basic compensation of those positions and technicians, provided for by this Act [see Short Title note under this section], shall not be considered to be transfers or promotions within the meaning of section 5334 (b) of title 5, United States Code, and the regulations issued thereunder. "(c) Each technician on the effective date of this Act [see Effective Date note under this section], whose position is converted to the General Schedule set forth in section 5332 of title 5, United States Code, or to the appropriate prevailing rate schedule, as applicable, who prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section, has earned, but has not been credited with, an increase in that rate, shall be granted credit for such increase before his rate of basic compensation is initially adjusted under that subsection. "(d) Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in section 5332 of title 5, United States Code, or to the appropriate prevailing rate schedule, as applicable, shall be granted credit, for purposes of his first step increase under the General Schedule or prevailing rate schedule, for all satisfactory service performed by him since his last increase in compensation prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section. "(e) An increase in rate of basic compensation by reason of the enactment of subsection (a) of this section shall not be considered to be an equivalent increase with respect to step increases for technicians whose positions are converted to the General Schedule set forth in section 5332 of title 5, United States Code, or the appropriate prevailing rate schedule under authority of this section." REGULATIONS: APPROVAL BY SECRETARY OF DEFENSE; UNIFORMITY Section 10 of Pub. L. 90-486 provided that: "Regulations prescribed by the Secretary of the Army and Secretary of the Air Force under this Act [see Short Title note under this section] shall be approved by the Secretary of Defense and shall, so far as practicable, be uniform." NUMBER OF CARETAKERS FOR AIR NATIONAL GUARD Pub. L. 90-580, title II, § 201, Oct. 17, 1968, 82 Stat. 1124, provided in part that: "The number of caretakers authorized to be employed under the provisions of law (32 U.S.C. 709) [this section] may be such as is deemed necessary by the Secretary of the Air Force and such caretakers may be employed without regard to their military rank as members of the Air National Guard." Similar provisions were contained in the following prior acts: Pub. L. 90-96, title II, § 201, Sept. 29, 1967, 81 Stat. 236. Pub. L. 89-687, title II, § 201, Oct. 15, 1966, 80 Stat. 985. Pub. L. 89-213, title II, § 201, Sept. 29, 1965, 79 Stat. 868. Pub. L. 88-466, title II, § 201, Aug. 19, 1964, 78 Stat. 469. Oct. 17, 1963, Pub. L. 88-149, title II, § 201, 77 Stat. 259. Aug. 9, 1962, Pub. L. 87- 577, title II, § 201, 76 Stat. 323. NUMBER OF CARETAKERS FOR ARMY NATIONAL GUARD Pub. L. 90-580, title II, § 201, Oct. 17, 1968, 82 Stat. 1124, provided in part that: "The number of caretakers authorized to be employed under provisions of law (32 U.S.C. 709) [this section], and those necessary to pro vide reimbursable services for the military departments, may be such as is deemed necessary by the Secretary of the Army." Similar provisions were contained in the following prior acts: Pub. L. 90-96, title II, § 201, Sept. 29, 1967, 81 Stat. 236. July 30, 1947, ch. 357, title I, § 1, 61 Stat. 564. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 715 of this title; title 5 sections 2105, 8332; title 10 sections 3848, 3851, 8848, 8851; title 42 section 418. §710. Reports of survey. (a) All military property issued by the United States to the National Guard remains the property of the United States. (b) If property issued to the National Guard is lost, damaged, or destroyed, or becomes unserviceable or unsuitable, a survey of the circumstances thereof shall be made by a disinterested commissioned officer of the Regular Army or the Army National Guard detailed by the Secretary of the Army, or by a disinterested commissioned officer of the Regular Air Force or the Air National Guard detailed by the Secretary of the Air Force, as the case may be. The report of the surveying officer shall be sent to the Secretary concerned or to an officer designated by him to receive those reports. (c) The Secretary concerned or his designated representative may relieve the State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, whichever is concerned, of further accountability and pecuniary liability for the property. However, if it was lost, damaged, or destroyed through negligence, the money value of the property or the damage thereto shall be charged (1) to the State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, whichever is concerned, to be paid from its funds or from any non-Federal funds; or (2) to the member to whom the loss, damage, or destruction is charged from pay due him for duties performed in his status as a member of the National Guard. (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 725c (b) (22) of title 31: (1) A sale. (2) A stoppage against a member of the National Guard. (3) A collection from a person, or from a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, to reimburse the United States for the loss or destruction of, or damage to, the property. (e) If a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, 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) Instead of the procedure prescribed by subsections (b)-(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 of the Regular Army or the Regular Air Force, as the case may be, designated by the Secretary. The State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, whichever is concerned, is relieved of accountability for that property. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 615; Sept. 2, 1958, Pub. L. 85-861, § 33 (c) (3), 72 Stat. 1567.) Revised section 710 (a) 710 (b). 710 (c) 710 (d)... 710 (e). 710 (f).... HISTORICAL AND REVISION NOTES Source (U. S. Code) 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). Source (Statutes at Large) 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 herein before 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". AMENDMENTS 1958-Subsec. (c). Pub. L. 85-861 substituted "of further" for "or further". EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-861 effective Aug. 10, 1956, see note set out under section 101 of Title 10, Armed Forces. § 711. Disposition of obsolete or condemned property. Each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia 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, § 2, 70A Stat. 616.) 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). § 712. Disposition of proceeds of condemned stores issued to National Guard. The following shall be covered into the Treasury: (1) The proceeds from sales of condemned stores issued to the National Guard of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, 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, § 2, 70A Stat. 616.) 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". § 714. Final settlement of accounts: deceased members. (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 Comptroller General 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. 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. (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, and amended Pub. L. 87-46, June 16, 1961, 75 Stat. 92.) |