§ 708. — Property and fiscal officers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC708]
TITLE 32--NATIONAL GUARD
CHAPTER 7--SERVICE, SUPPLY, AND PROCUREMENT
Sec. 708. Property and fiscal officers
(a) The Governor of each State or Territory and Puerto Rico, 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) 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 or Territory, Puerto Rico, and the
District of Columbia.
(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,
Sec. 207, June 6, 1972, 86 Stat. 203; Pub. L. 95-79, title VIII,
Sec. 804(b), July 30, 1977, 91 Stat. 333; Pub. L. 96-513, title V,
Sec. 515(4), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 100-456, div. A,
title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101-
189, div. A, title VI, Sec. 653(g), Nov. 29, 1989, 103 Stat. 1463.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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708(a)................................ 32:49 (last sentence; and 2d June 3, 1916, ch. 134, Sec. 67
sentence, less last 24 words). (last par.), 39 Stat. 200; July 9,
32:49 (3d and 4th sentences). 1918, ch. 143, subch. III (last
708(b)................................ 32:49 (last 24 words of 2d par.); restated July 6, 1954, ch.
sentence). 462, 58 Stat. 451.
708(c)................................ 32:49 (5th and 6th sentences). June 3, 1924, ch. 244, Sec. 5, 43
32:49 (last sentence, less 1st 18 Stat. 365; July 6, 1954, ch. 462,
708(d)................................ words). 68 Stat. 451.
708(e)................................
708(f)................................ 32:49 (1st 18 words of last
sentence).
708(g)................................ 32:50.
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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.
Amendments
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, Sec. 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, Sec. 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, Sec. 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 Amendment
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in title 10 sections 101, 523, 641,
771a, 10503, 12011, 12647.
