32 U.S.C. § 702 — Issue of supplies

Page 41 TITLE 32—NATIONAL GUARD § 703 and equipment as are issued to the Air Force shall be issued to the Air National Guard. (Aug. 10, 1956, ch. 1041, 70A Stat. 612.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 701 .......... 32:31. June 3, 1916, ch. 134, § 82; restated June 15, 1933, ch. 87, § 17, 48 Stat. 160. 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’’. § 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 man- ufacture and, upon requisition of the governor of any State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands or the com- manding 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 satis- fied that the Army National Guard or the Air National Guard, as the case may be, of any State or Territory, Puerto Rico, or the District of Columbia is properly organized, armed, and equipped for field duty, funds allotted to that ju- risdiction 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 equip- ment, small arms, or field guns to the National Guard of any State or Territory, Puerto Rico, 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, or the District of Columbia, unless that jurisdic- tion makes provision, satisfactory to the Sec- retary concerned, for its protection and care. (Aug. 10, 1956, ch. 1041, 70A Stat. 612; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), (4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(4), Jan. 6, 2006, 119 Stat. 3441.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 702(a) ...... 702(b) ...... 702(c) ...... 702(d) ...... 32:33 (less provisos). 32:33 (last proviso). 32:35. 32:33 (1st proviso). June 3, 1916, ch. 134, §§ 83, 84, 39 Stat. 203, 204. 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 pur- chase or manufacture’’. The words ‘‘within the limits of available appropriations made by Congress’’ and ‘‘from time to time’’ are omitted as surplusage. 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 ‘‘pur- chase, 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 sub- stituted 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 con- nected therewith’’. The words ‘‘provided for the sup- port’’ 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’’. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘State, the Commonwealth of Puerto Rico, Guam, and the Vir- gin Islands’’ for ‘‘State or Territory or Puerto Rico’’. 1988—Subsec. (a). Pub. L. 100–456, § 1234(b)(4), sub- stituted ‘‘Territory or Puerto Rico’’ for ‘‘Territory, Puerto Rico, or the Canal Zone,’’. Subsecs. (b) to (d). Pub. L. 100–456, § 1234(b)(1), struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. § 703. Purchases of supplies by States from Army or Air Force (a) Subject to the approval of the Secretary of the Army, any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may buy from the Depart- ment of the Army, for its National Guard or the officers thereof, supplies and military publica- tions 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 requi- sitioned shall be given to the State, the Com- monwealth of Puerto Rico, the District of Co- lumbia, Guam, or the Virgin Islands 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 appro- priations from which the property was pur- chased, shall not be covered into the Treasury, and may be used to replace property sold under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 613; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)