§ 703. — Purchases of supplies by States from Army or Air Force.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC703]
TITLE 32--NATIONAL GUARD
CHAPTER 7--SERVICE, SUPPLY, AND PROCUREMENT
Sec. 703. Purchases of supplies by States from Army or Air Force
(a) Subject to the approval of the Secretary of the Army, any State
or Territory, Puerto Rico, or the District of Columbia 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 or Territory, Puerto Rico, or the District of
Columbia 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613; Pub. L. 100-456, div. A, title
XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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703(a)................................ 32:39 (1st sentence). June 3, 1916, ch. 134, Sec. 86, 39
703(b)................................ 32:39 (proviso of last sentence). Stat. 204.
32:39a. June 23, 1910, ch. 370, 36 Stat.
32:39 (less 1st sentence, and less 603.
703(c)................................ proviso of last sentence).
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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''.
Amendments
1988--Subsecs. (a), (b). Pub. L. 100-456 struck out ``the Canal
Zone,'' after ``Puerto Rico,''.
