{"identifier":"/us/usc/t36/s40728B","title":36,"num":"\u00a7\u202f40728B.","heading":"Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons","text":"\u00a7\u202f40728B.\nRecovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons\n(a)\nAuthority to Recover.\u2014\n(1) Subject to paragraph (2) and subsection (b), the Secretary of the Army may acquire from any person any rifle, ammunition, repair parts, or other supplies described in\n(A) provided to any country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 (\n22 U.S.C. 2314\n(B) lawfully acquired by such person.\n(2) The Secretary of the Army may not acquire anything under paragraph (1) except for transfer to a person in the United States under subsection (c).\n(3) The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph (1) notwithstanding\nsection 1342 of title 31\n(b)\nCost of Recovery.\u2014\nThe Secretary of the Army may not acquire anything under subsection (a) if the United States would incur any cost for such acquisition.\n(c)\nAvailability for Transfer.\u2014\nAny rifles, ammunition, repair parts, or supplies acquired under subsection (a) shall be available for transfer in the United States to the person from whom acquired if such person\u2014\n(1) is licensed as a manufacturer, importer, or dealer pursuant to\nsection 923(a) of title 18\n(2) uses an ammunition depot of the Army that is an eligible facility for receipt of any rifles, ammunition, repair parts, or supplies under this paragraph.\n(d)\nMarket Value.\u2014\nThe Secretary of the Army may only transfer an item under subsection (c) if the Secretary receives fair market value for the item.\n(e)\nContracts.\u2014\nNotwithstanding\nsection 3201(e) of title 10\n1\n1 So in original. Probably means\nsection 3204(a) of title 10\n.\n(f)\nAECA.\u2014\nTransfers authorized under this section may only be made in accordance with applicable provisions of the Arms Export Control Act (\n22 U.S.C. 2778\n(g)\nRifle Defined.\u2014\nIn this section, the term \u201crifle\u201d has the meaning given such term in\nsection 921 of title 18","url":"https://projectusc.org/usc/t36/s40728B.html","content":[{"t":"sec","id":"/us/usc/t36/s40728B","children":[{"t":"num","text":"\u00a7\u202f40728B."},{"t":"heading","text":"Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons"},{"t":"subsec","id":"/us/usc/t36/s40728B/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Authority to Recover.\u2014"},{"t":"para","id":"/us/usc/t36/s40728B/a/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" Subject to paragraph (2) and subsection (b), the Secretary of the Army may acquire from any person any rifle, ammunition, repair parts, or other supplies described in ","children":[{"t":"ref","text":"section 40731(a) of this title","href":"/us/usc/t36/s40731/a","tail":" which were\u2014"}]},{"t":"subpara","id":"/us/usc/t36/s40728B/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" provided to any country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 (","children":[{"t":"ref","text":"22 U.S.C. 2314","href":"/us/usc/t22/s2314","tail":") that became excess to the needs of such country; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t36/s40728B/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" lawfully acquired by such person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t36/s40728B/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The Secretary of the Army may not acquire anything under paragraph (1) except for transfer to a person in the United States under subsection (c).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t36/s40728B/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph (1) notwithstanding ","children":[{"t":"ref","text":"section 1342 of title 31","href":"/us/usc/t31/s1342","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t36/s40728B/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Cost of Recovery.\u2014"},{"t":"content","text":"The Secretary of the Army may not acquire anything under subsection (a) if the United States would incur any cost for such acquisition.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t36/s40728B/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Availability for Transfer.\u2014"},{"t":"chapeau","text":"Any rifles, ammunition, repair parts, or supplies acquired under subsection (a) shall be available for transfer in the United States to the person from whom acquired if such person\u2014"},{"t":"para","id":"/us/usc/t36/s40728B/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" is licensed as a manufacturer, importer, or dealer pursuant to ","children":[{"t":"ref","text":"section 923(a) of title 18","href":"/us/usc/t18/s923/a","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t36/s40728B/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" uses an ammunition depot of the Army that is an eligible facility for receipt of any rifles, ammunition, repair parts, or supplies under this paragraph.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t36/s40728B/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Market Value.\u2014"},{"t":"content","text":"The Secretary of the Army may only transfer an item under subsection (c) if the Secretary receives fair market value for the item.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t36/s40728B/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Contracts.\u2014"},{"t":"content","text":"Notwithstanding ","children":[{"t":"ref","text":"section 3201(e) of title 10","href":"/us/usc/t10/s3201/e","tail":", the Secretary may enter into such contracts or cooperative agreements on a sole source basis pursuant to paragraphs (4) and (5) of section 3204(a)\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably means "},{"t":"text","text":"\u202fSo in original. Probably means "},{"t":"ref","text":"section 3204(a) of title 10","href":"/us/usc/t10/s3204/a","tail":"."},{"t":"text","text":".","tail":" to carry out this section."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t36/s40728B/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"AECA.\u2014"},{"t":"content","text":"Transfers authorized under this section may only be made in accordance with applicable provisions of the Arms Export Control Act (","children":[{"t":"ref","text":"22 U.S.C. 2778","href":"/us/usc/t22/s2778","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t36/s40728B/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Rifle Defined.\u2014"},{"t":"content","text":"In this section, the term \u201crifle\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 921 of title 18","href":"/us/usc/t18/s921","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}