32 U.S.C. § 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 manufacture and, upon requisition of the governor of any State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands or the commanding 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 satisfied 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 jurisdiction 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 equipment, 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 jurisdiction makes provision, satisfactory to the Secretary 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 |
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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 purchase 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 “purchase, 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 substituted 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 connected therewith”. The words “provided for the support” 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 NotesAmendments2006—Subsec. (a). Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “State or Territory or Puerto Rico”.
1988—Subsec. (a). Pub. L. 100–456, § 1234(b)(4), substituted “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,”.
Notes of Decisions
Milton Lasher v. Raymond P. Shafer, 460 F.2d 343 (3rd Cir. 1972).
· cites it 2× “32 U.S.C. § 702 (a). No property may be so issued unless the state makes provision, satisfactory to the Secretary, for its protection and care.”
Medley v. United States, 480 F. Supp. 1005 (M.D. Ala. 1979).
“The evidence is ambiguous as to whether the design of the M-817 originated with the United States or the Heil Corporation.”
Johnson v. Orr, 776 F.2d 75 (3rd Cir. 1985).
“The district court denied Johnson’s motion for reinstatement on the grounds that his membership in the Pennsylvania Guard does not satisfy the requirement of 32 U.S.C. §§ 702 (b) and 709(e)(1). Johnson argues on appeal that he does meet this requirement.”
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