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Title 36 — Patriotic and National Observances, Ceremonies, and Organizations

Part B · Chapter 407 — Corporation for the Promotion of Rifle Practice and Firearms Safety

§ 40728A. Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation

Statutory text

(a)

Authority to Recover.—

The Secretary of the Army may recover from any country to which surplus firearms, ammunition, repair parts, or other supplies described in section 40732(a) of this title are furnished on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) any such surplus firearms, ammunition, repair parts, or supplies that become excess to the needs of such country.

(b)

Cost of Recovery.—

(1)

Except as provided in paragraph (2), the cost of recovery of any surplus firearms, ammunition, repair parts, or supplies under subsection (a) shall be treated as incremental direct costs incurred in providing logistical support to the corporation for which reimbursement shall be required as provided in section 40727(a) of this title.

(2)

The Secretary may require the corporation to pay costs of recovery described in paragraph (1) in advance of incurring such costs. Amounts so paid shall not be subject to the provisions of section 3302 of title 31, but shall be administered in accordance with the last sentence of section 40727(a) of this title.

(c)

Availability for Transfer to Corporation.—

Any surplus firearms, ammunition, repair parts, or supplies recovered under subsection (a) shall be available for transfer to the corporation in accordance with section 40728 of this title under such additional terms and conditions as the Secretary shall prescribe for purposes of this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title III § 354(a) · 120 Stat. 2083

    Enacted · 36 U.S.C. § 40728A

    Added Pub. L. 109–364, div. A, title III, § 354(a), Oct. 17, 2006, 120 Stat. 2162

    Source evidence

    Code source credit
    Added Pub. L. 109–364, div. A, title III, § 354(a), Oct. 17, 2006, 120 Stat. 2162

    Enacted provision · exact public law section
    (a) Authority to Recover; Transfer to Corporation.— Subchapter II of chapter 407 of title 36, United States Code, is amended by inserting after section 40728 the following new section: “§ 40728A. Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation “(a) Authority to Recover.— The Secretary of the Army may recover from any country to which rifles, ammunition, repair parts, or other supplies described in section 40731(a) of this title are furnished on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) any such rifles, ammunition, repair parts, or supplies that become excess to the needs of such country. “(b) Cost of Recovery.— (1) Except as provided in paragraph (2), the cost of recovery of any rifles, ammunition, repair parts, or supplies under subsection (a) shall be treated as incremental direct costs incurred in providing logistical support to the corporation for which reimbursement shall be required as provided in section 40727(a) of this title. “(2) The Secretary may require the corporation to pay costs of recovery described in paragraph (1) in advance of incurring such costs. Amounts so paid shall not be subject to the provisions of section 3302 of title 31, but shall be administered in accordance with the last sentence of section 40727(a) of this title. “(c) Availability for Transfer to Corporation.— Any rifles, ammunition, repair parts, or supplies recovered under subsection (a) shall be available for transfer to the corporation in accordance with section 40728 of this title under such additional terms and conditions as the Secretary shall prescribe for purposes of this section.” .

  2. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 1087(a)(2)(A)(i) · 129 Stat. 726

    Substituted · 36 U.S.C. § 40728A

    Pub. L. 114–92, § 1087(a)(2)(A)(i), substituted “surplus firearms” for “rifles” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 114–92, § 1087(a)(2)(A)(i), substituted “surplus firearms” for “rifles” wherever appearing.

    Enacted provision · exact public law section
    (i) by striking “rifles” each place it appears and inserting “surplus firearms”; and

  3. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 1087(a)(2)(A)(ii) · 129 Stat. 726

    Substituted · 36 U.S.C. § 40728A(a)

    Pub. L. 114–92, § 1087(a)(2)(A)(ii), substituted “section 40732(a)” for “section 40731(a)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–92, § 1087(a)(2)(A)(ii), substituted “section 40732(a)” for “section 40731(a)”.

    Enacted provision · exact public law section
    (ii) in subsection (a), by striking “section 40731(a)” and inserting “section 40732(a)”;

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

2015—Pub. L. 114–92, § 1087(a)(2)(A)(i), substituted “surplus firearms” for “rifles” wherever appearing.

Subsec. (a). Pub. L. 114–92, § 1087(a)(2)(A)(ii), substituted “section 40732(a)” for “section 40731(a)”.

Credits

2006–2015 · 2 acts
  1. 2006Added Pub. L. 109–364, div. A, title III, § 354(a), , 120 Stat. 2162
  2. 2015amended Pub. L. 114–92, div. A, title X, § 1087(a)(2)(A), , 129 Stat. 1013.
Show as published

(Added Pub. L. 109–364, div. A, title III, § 354(a), , 120 Stat. 2162; amended Pub. L. 114–92, div. A, title X, § 1087(a)(2)(A), , 129 Stat. 1013.)

Parsed from the official OLRC USLM XML in data/usc_all/usc36.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t36/s40728A