32 U.S.C. § 704 — Accountability: relief from upon order to

Page 42 TITLE 32—NATIONAL GUARD § 704 1 See References in Text note below. HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 703(a) ...... 703(b) ...... 703(c) ...... 32:39 (1st sentence). 32:39 (proviso of last sen- tence). 32:39a. 32:39 (less 1st sentence, and less proviso of last sentence). June 3, 1916, ch. 134, § 86, 39 Stat. 204. June 23, 1910, ch. 370, 36 Stat. 603. In subsection (a), the words ‘‘stores * * * materiel’’ are omitted as covered by the word ‘‘supplies’’. The words ‘‘other supplies issued’’ are substituted for the words ‘‘those issued under the provisions of this title’’. The words ‘‘at cost plus transportation’’ are sub- stituted for the words ‘‘at the price at which they shall be listed to the Army, with cost of transportation added’’. In subsection (b), 32:39a (less last 23 words) is omitted as obsolete and superseded by 32:39 (proviso of last sen- tence). The Act of June 23, 1910, ch. 370 (less proviso), not contained in 32:39a, is omitted from the revised sec- tion as executed. The words ‘‘bought under subsection (a)’’ are substituted for the words ‘‘so purchased’’. The words ‘‘for military use’’ are substituted for the words ‘‘for use in the military service thereof’’. The words ‘‘and when so requisitioned by the United States and delivered’’ and ‘‘ultimate’’ are omitted as surplusage. In subsection (c), the words ‘‘Proceeds of sales by the Department of the Army and the Department of the Air Force under this section’’ are substituted for the words ‘‘The funds received from such sale’’. The words ‘‘from which the property was purchased’’ are substituted for the words ‘‘to which they shall belong’’. The words ‘‘may be used to replace property sold under this sec- tion’’ are substituted for the words ‘‘shall be available until expended to replace therewith the supplies sold to the States in the manner herein authorized’’. Editorial Notes AMENDMENTS 2006—Subsecs. (a), (b). Pub. L. 109–163 substituted ‘‘State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands’’ for ‘‘State or Territory, Puerto Rico, or the District of Columbia’’. 1988—Subsecs. (a), (b). Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. § 704. Accountability: relief from upon order to active duty Upon ordering any part of the Army National Guard of the United States or the Air National Guard of the United States to active duty, the President may, upon such terms as he may pre- scribe, relieve the State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, of accountability for property of the United States previously issued to it for the use of that part. (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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 704 .......... 50:1121. July 9, 1952, ch. 608, § 711, 66 Stat. 504. The words ‘‘to active duty’’ are substituted for the words ‘‘into the active military service of the United States’’. The word ‘‘conditions’’ is omitted as covered by the word ‘‘terms’’. The word ‘‘previously’’ is sub- stituted for the word ‘‘theretofore’’. The word ‘‘liabil- ity’’ is omitted as covered by the word ‘‘account- ability’’. The words ‘‘that part’’ are substituted for the words ‘‘such portion of the National Guard of the United States or of the Air National Guard of the United States’’. Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘State, the Com- monwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands’’ for ‘‘State or Territory, Puerto Rico, or the District of Columbia’’. 1988—Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. § 705. Purchase of uniforms and equipment by of- ficers of National Guard from Army or Air Force Officers of the Army National Guard not in Federal service may buy articles of individual clothing and equipment from the Department of the Army, under such regulations as the Sec- retary of the Army may prescribe. On the same basis, officers of the Air National Guard not in Federal service may buy those items from the Department of the Air Force. Purchases under this section shall be for cash, at average current costs, including overhead, as determined by the Secretary concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 613.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 705 .......... 32:156. June 3, 1916, ch. 134, § 109; restated June 4, 1920, ch. 227, subch. 1, § 47; restated June 3, 1924, ch. 244, § 3; restated Oct. 14, 1940, ch. 875, § 3, 54 Stat. 1136; Mar. 25, 1948, ch. 157, § 5(b), 62 Stat. 91; Oct. 12, 1949, ch. 681, § 501(f)(2) and (3) (as applicable to § 109 of the Act of June 3, 1916, ch. 134), 63 Stat. 827; July 9, 1952, ch. 608, § 803 (12th par.), 66 Stat. 505. The reference to 10:1106 is omitted, since that section related only to sales of uniforms and equipment to ca- dets at the United States Military Academy. The ref- erence to 10:904 is omitted as covered by the language of the revised section. The words ‘‘at average current costs, including overhead, as determined by the Sec- retary concerned’’ are inserted to reflect sections 4621 and 9621 of title 10, which apply to all sales of indi- vidual clothing and equipment. The words ‘‘articles of individual clothing and equipment’’ are substituted for the words ‘‘uniforms, accouterments, and equipment’’. The words ‘‘active and inactive’’, ‘‘on proper identifica- tion’’, and ‘‘rules and’’ are omitted as surplusage. § 706. Return of arms and equipment upon relief from Federal service So far as practicable, whenever units, organi- zations, or members of the National Guard are returned to their National Guard status under section 325(b) 1 of this title, arms and equipment that the Secretary concerned determines are