32 U.S.C. § 708 — Property and fiscal officers

Page 43 TITLE 32—NATIONAL GUARD § 708 sufficient to accomplish their peacetime mission shall be returned with them. (Aug. 10, 1956, ch. 1041, 70A Stat. 613.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 706 .......... 50:1122(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 TEXT Section 325(b) of this title, referred to in text, was re- designated section 325(c) of this title by Pub. L. 110–417, [div. A], title V, § 517(b)(1), Oct. 14, 2008, 122 Stat. 4442. § 707. Use of public buildings for offices by in- structors Whenever practicable, instructors of the Na- tional Guard shall use State armories or other public buildings for offices. (Aug. 10, 1956, ch. 1041, 70A Stat. 614.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 707 .......... 32:74. May 12, 1917, ch. 12 (10th proviso under ‘‘Na- tional Guard’’), 40 Stat. 68. 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, the Common- wealth of Puerto Rico, Guam, and the Virgin Is- lands, and the commanding general of the Na- tional Guard of the District of Columbia, shall, in consultation with the Chief of the National Guard Bureau, appoint, designate or detail, sub- ject 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 commis- sioned 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 re- sponsibilities of the office, but not above colo- nel, 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 Is- lands. (e) The Secretary of the Army and the Sec- retary 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 offi- cer to whom money is intrusted, and the prop- erty 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 li- abilities 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.) HISTORICAL AND REVISION NOTES Revised section Source (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 sen- tences). 32:49 (last 24 words of 2d sentence). 32:49 (5th and 6th sen- tences). 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 as- signment’’ 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 sub- stituted 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 pro- visions 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 statu- tory functions. The words ‘‘an officer’’ are substituted for the words ‘‘other officers’’, since, under revised sub- section (a), the property and fiscal officer is not re- Page 44 TITLE 32—NATIONAL GUARD § 709 quired to be an officer of the National Guard. The words ‘‘accountable for public moneys’’ and ‘‘as agent’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92 inserted ‘‘, in con- sultation with the Chief of the National Guard Bu- reau,’’ after ‘‘shall’’. 2006—Subsec. (a). Pub. L. 109–163, § 1057(b)(4), sub- stituted ‘‘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 Colum- bia’’. 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), redesig- nated subsec. (e) as (d). Former subsec. (d), which au- thorized 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 fis- cal 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. § 709. Technicians: employment, use, status (a) Under regulations prescribed by the Sec- retary of the Army or the Secretary of the Air Force, as the case may be, and subject to sub- sections (b) and (c), persons may be employed as technicians in— (1) the organizing, administering, instruct- ing, or training of the National Guard; (2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and (3) the performance of the following addi- tional duties to the extent that the perform- ance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2): (A) Support of operations or missions un- dertaken by the technician’s unit at the re- quest of the President or the Secretary of Defense. (B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit. (C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of— (i) active-duty members of the armed forces; (ii) members of foreign military forces (under the same authorities and restric- tions applicable to active-duty members providing such instruction or training); (iii) Department of Defense contractor personnel; or (iv) Department of Defense civilian em- ployees. (b) Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements: (1) Be a military technician (dual status) as defined in section 10216(a) of title 10. (2) Be a member of the National Guard. (3) Hold the military grade specified by the Secretary concerned for that position. (4) While performing duties as a military technician (dual status), wear the uniform ap- propriate for the member’s grade and compo- nent of the armed forces. (c)(1) A person may be employed under sub- section (a) as a non-dual status technician (as defined by section 10217 of title 10) if the techni- cian position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician. (2) The total number of non-dual status tech- nicians in the National Guard is specified in sec- tion 10217(c)(2) of title 10. (d) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title to employ and administer the tech- nicians authorized by this section. (e) 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 in that position is required under sub- section (b) to be a member of the National Guard. (f) Notwithstanding any other provision of law and under regulations prescribed by the Sec- retary concerned— (1) a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of sub- section (b) who— (A) is separated from the National Guard or ceases to hold the military grade specified by the Secretary concerned for that position shall be promptly separated from military technician (dual status) employment by the adjutant general of the jurisdiction con- cerned; and (B) fails to meet the military security standards established by the Secretary con- cerned for a member of a reserve component under his jurisdiction may be separated from employment as a military technician (dual status) and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned; (2) a technician may, at any time, be sepa- rated from his technician employment for cause by the adjutant general of the jurisdic- tion concerned; (3) a reduction in force, removal, or an ad- verse action involving discharge from techni- cian employment, suspension, furlough with- out pay, or reduction in rank or compensation