§703 — Title 32 National Guard | U.S. Code

Summary

States and the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands may buy supplies and military publications from the Department of the Army for their National Guard or its officers, if the Secretary of the Army approves. They may buy similar items from the Department of the Air Force. Purchases must be paid in cash at the cost plus shipping. In actual or threatened war, the United States may take back property bought this way for military use. If like items are returned, the State or territory gets credit. Money from these sales goes back to the same budget account that bought the items, is not paid into the Treasury, and can be used to replace sold property.

Title 32, §703

National Guard — Source: USLM XML via OLRC

(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 Department of the Army, for its National Guard or the officers thereof, supplies and military publications 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 requisitioned shall be given to the State, the Commonwealth of Puerto Rico, the District of Columbia, 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 appropriations from which the property was purchased, shall not be covered into the Treasury, and may be used to replace property sold under this section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 703(a)703(b) 703(c)32:39 (1st sentence).32:39 (proviso of last sentence).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 substituted 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 sentence). The Act of

June 23, 1910, ch. 370 (less proviso), not contained in 32:39a, is omitted from the revised section 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 section” 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,”.

§703 Purchases of supplies by States from Army or Air Force