Federal · Title 36 — Patriotic and National Observances, Ceremonies, and Organizations
36 U.S.C. § 40728B: Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons
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provided to any country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2314 ) that became excess to the needs of such country; and lawfully acquired by such person. 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). The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph (1) notwithstanding section 1342 of title 31 . The Secretary of the Army may not acquire anything under subsection (a) if the United States would incur any cost for such acquisition. is licensed as a manufacturer, importer, or dealer pursuant to section 923(a) of title 18 ; and 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. The Secretary of the Army may only transfer an item under subsection (c) if the Secretary receives fair market value for the item. Notwithstanding section 3201(e) of title 10 , 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) 1 to carry out this section. 1 So in original. Probably means section 3204(a) of title 10 . Transfers authorized under this section may only be made in accordance with applicable provisions of the Arms Export Control Act ( 22 U.S.C. 2778 ). In this section, the term “rifle” has the meaning given such term in section 921 of title 18 . A list of excess rifles, ammunition, repair parts, and other supplies known to the United States Army as eligible for transfer under section 40731(a) of title 36 , United States Code. An assessment of whether and how the Secretary of the Army intends to use the authorities under section 40728B of title 36 , United States Code, as added by this section. Any other issue that the Secretary of the Army considers appropriate. No rifle, ammunition, repair part, or supplies acquired under section 40728B(a) of title 36 , United States Code, may be transferred until the date that is 90 days after the date of the submittal of the report required under paragraph (1).”
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