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Title 32 — National Guard

Chapter 7 — Service, Supply, and Procurement

§ 708. Property and fiscal officers

Statutory 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 614 · 70A Stat. 614

    Enacted · 32 U.S.C. § 708

    Aug. 10, 1956, ch. 1041, 70A Stat. 614

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 614

  2. Pub. L. 92–310 title II § 207 · 86 Stat. 201

    Repealed · 32 U.S.C. § 708(b)(1)

    Pub. L. 92–310 repealed provisions which related to the bond required of property and fiscal officers

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 92–310 repealed provisions which related to the bond required of property and fiscal officers.

    Enacted provision · exact public law section
    Sec. 207. title 32, united sates code Section 708(b)(1) of title 32, United States Code, relating Repeal. 70A Stat. 614. to the bond required of property and fiscal officers of the National Guard, is repealed.

  3. Department of Defense Appropriation Authorization Act, 1978

    Pub. L. 95–79 § 804(b)(1) · 91 Stat. 323

    Redesignated · 32 U.S.C. § 708(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) by striking out subsection (d);

  4. Department of Defense Appropriation Authorization Act, 1978

    Pub. L. 95–79 § 804(b)(2) · 91 Stat. 323

    1. Redesignated · 32 U.S.C. § 708(e)

      Pub. L. 95–79, § 804(b)(2), (3), redesignated subsec. (f) as (e)

    2. Redesignated · 32 U.S.C. § 708(e)

      Pub. L. 95–79, § 804(b)(2), (3), substituted “(d)” for “(e)”. Former subsec. (e) redesignated (d)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; and

  5. Department of Defense Appropriation Authorization Act, 1978

    Pub. L. 95–79 § 804(b)(2) · 91 Stat. 323

    Redesignated · 32 U.S.C. § 708(f); 32 U.S.C. § 708(g)

    Pub. L. 95–79, § 804(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 95–79, § 804(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; and

  6. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 515(4) · 94 Stat. 2835

    Redesignated · 32 U.S.C. § 708(b)

    Pub. L. 96–513 redesignated pars. (2) and (3) as (1) and (2), respectively

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–513 redesignated pars. (2) and (3) as (1) and (2), respectively.

    Enacted provision · exact public law section
    (4) Clauses (2) and (3) of section 708(b) are redesignated as clauses (1) and (2), respectively.

    Effective date note
    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.

  7. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 div. A title XII § 1234(b)(1) · 102 Stat. 1918

    Struck · 32 U.S.C. § 708(d)

    Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.

    Enacted provision · exact public law section
    (1) Sections 101(4), 101(6), 103, 104(c), 104(d), 107(b), 109, 304, 314(a), 314(d), 315(a), 315(b), 333, 501(b), 503(b), 504(b), 702(b), 702(c), 702(d), 703, 704, 708(d), 710, 711 and 712 are each amended by striking out “the Canal Zone,”.

  8. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title VI § 653(g) · 103 Stat. 1352

    Substituted · 32 U.S.C. § 708(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (g) Reference to the Canal Zone.— Section 708(a) of title 32, United States Code, is amended by striking out “governor of each State and Territory, Puerto Rico, and the Canal Zone” and inserting in lieu thereof “Governor of each State or Territory and Puerto Rico”.

  9. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 1057(b)(4) · 119 Stat. 3136

    Substituted · 32 U.S.C. § 708(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (4) Sections 104(a), 505, 702(a), and 708(a) are amended by striking “State or Territory and Puerto Rico”, “State or Territory or Puerto Rico”, and “State or Territory, Puerto Rico” each place they appear and inserting “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands”.

  10. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 1057(b)(2) · 119 Stat. 3136

    Substituted · 32 U.S.C. § 708(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Sections 103, 104(c), 314, 315, 708(d), and 711 are amended by striking “State and Territory, Puerto Rico, and the District of Columbia” and “State or Territory, Puerto Rico, and the District of Columbia” each place they appear and inserting “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands”.

  11. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title V § 518 · 133 Stat. 1198

    Inserted · 32 U.S.C. § 708(a)

    Pub. L. 116–92 inserted “, in consultation with the Chief of the National Guard Bureau,” after “shall”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–92 inserted “, in consultation with the Chief of the National Guard Bureau,” after “shall”.

    Enacted provision · exact public law section
    SEC. 518. CONSULTATION WITH CHIEF OF THE NATIONAL GUARD BUREAU IN THE APPOINTMENT OR DESIGNATION OF NATIONAL GUARD PROPERTY AND FISCAL OFFICERS.   Section 708(a) of title 32, United States Code, is amended in the first sentence by inserting “, in consultation with the Chief of the National Guard Bureau,” after “shall”.

11 of 12 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
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

Amendments1972–2019 · 7 rounds

2019

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 Amendment

Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Credits

1956–2019 · 8 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 614
  2. 1972Pub. L. 92–310, title II, § 207, , 86 Stat. 203
  3. 1977Pub. L. 95–79, title VIII, § 804(b), , 91 Stat. 333
  4. 1980Pub. L. 96–513, title V, § 515(4), , 94 Stat. 2937
  5. 1988Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059
  6. 1989Pub. L. 101–189, div. A, title VI, § 653(g), , 103 Stat. 1463
  7. 2006Pub. L. 109–163, div. A, title X, § 1057(b)(2), (4), , 119 Stat. 3441
  8. 2019Pub. L. 116–92, div. A, title V, § 518, , 133 Stat. 1350.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 614; Pub. L. 92–310, title II, § 207, , 86 Stat. 203; Pub. L. 95–79, title VIII, § 804(b), , 91 Stat. 333; Pub. L. 96–513, title V, § 515(4), , 94 Stat. 2937; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059; Pub. L. 101–189, div. A, title VI, § 653(g), , 103 Stat. 1463; Pub. L. 109–163, div. A, title X, § 1057(b)(2), (4), , 119 Stat. 3441; Pub. L. 116–92, div. A, title V, § 518, , 133 Stat. 1350.)

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