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36 U.S.C. § 40728B — Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons

Federal law — U.S. Code and appendices · legal_authorities

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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Source file: Laws/federal/codes/united-states-code/title-36/section-40728b-recovery-of-excess-rifles-ammunition-and-parts-granted-to-foreign-countr--2e1d326b6e.md
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Source location: Title 36, Chapter 407, § 40728B; chapter-407-corporation-for-the-promotion-of-rifle-practice-and-firearms-safety.md

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**(a) Authority to Recover.—** (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 [section 40731(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40731/a&num=0&edition=prelim) which were— (A) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2314&num=0&edition=prelim)) that became excess to the needs of such country; and (B) lawfully acquired by such person. (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). (3) The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph (1) notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim). **(b) Cost of Recovery.—** The Secretary of the Army may not acquire anything under subsection (a) if the United States would incur any cost for such acquisition. **(c) Availability for Transfer.—** 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— (1) is licensed as a manufacturer, importer, or dealer pursuant to [section 923(a) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section923/a&num=0&edition=prelim); and (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. **(d) Market Value.—** The Secretary of the Army may only transfer an item under subsection (c) if the Secretary receives fair market value for the item. **(e) Contracts.—** Notwithstanding [section 3201(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3201/e&num=0&edition=prelim), 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) 11 So in original. Probably means [section 3204(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a&num=0&edition=prelim). to carry out this section. **(f) AECA.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim)). **(g) Rifle Defined.—** In this section, the term “rifle” has the meaning given such term in [section 921 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1342 — Limitation on voluntary services

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 921 — Definitions

**(a)** As used in this chapter— (1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company. (2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). (3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. (4) The term “destructive device” means— (A) any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 921

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2314 — Furnishing of defense articles or related training or other defense service on grant basis

**(a) Conditions of eligibility** In addition to such other provisions as the President may require, no defense articles or related training or other defense service shall be furnished to any country on a grant basis unless it shall have agreed that— (1) it will not, without the consent of the President— (A) permit any use of such articles or related training or other defense service by anyone not an officer, employee, or agent of that country, (B) transfer, or permit any officer, employee, or agent of that country to transfer such articles or related training or other defense service by gift, sale, or otherwise, or (C) use or permit the use of such articles or related training or other defense service for purposes other than those for which furnished; (2) it will maintain the security of such articles or related training or other defense service, and will provide substantially the same degree of security protection afforded to such articles or related training or other defense service by the United States Government; (3) it will, as the President may require, permit continuous observation and review by, and furnish necessary information to, representatives of the United States Government with regard to the use of such articles or related training or other defense service; and (4) unless the President consents to other disposition, it will return to the United States Government for such use or disposition as the President considers in the best interests of the United States, such articles or related training or other defense service which are no longer needed for the purposes for which furnished. **(b) Limitation on amount; exceptions** No defense articles shall be furnished on a grant basis to any country at a cost in excess of $3,000,000 in any fiscal ye

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2778 — Control of arms exports and imports

**(a) Presidential control of exports and imports of defense articles and services, guidance of policy, etc.; designation of United States Munitions List; issuance of export licenses; negotiations information** (1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List. (2) Decisions on issuing export licenses under this section shall take into account whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. (3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this chapter as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations. **(b) Registration and licensing requirements for manufacturers, exporters, or importers of d

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2778

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2314 — Furnishing of defense articles or related

Page 783 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2314 Subsec. (a)(2). Pub. L. 95–92 substituted provisions prohibiting assistance to countries other than the countries specified in par. (1) except with respect to costs incurred under section 2321j(b) of this title or as otherwise required by law, for provisions setting forth limitations on amounts available for fiscal years 1976 and 1977 to carry out the purposes of this part with re- spect to assistance to international organizations and countries not designated in former par. (1). Subsec. (a)(3). Pub. L. 95–92 substituted provisions re- lating to the authority of sections 2360(a) and 2364(a) of this title, for provisions setting forth limitations on the number of countries eligible for assistance under this part in fiscal years 1976 and 1977. Subsec. (a)(4). Pub. L. 95–92 substituted provisions au- thorizing availability until expended of amounts appro- priated under this subsection, for provisions relating to the authority of sections 2360(a) and 2364(a) of this title to increase appropriated amounts and making inappli- cable to emergency assistance under section 2314(a) of this title limitations on appropriated funds under this section. Subsec. (a)(5) to (8). Pub. L. 95–92 struck out pars. (5) to (8) which provided for appropriations for administra- tive and related expenses for fiscal years 1976 and 1977, restricted use of funds with respect to sophisticated weapons systems, authorized appropriated amounts to remain available until expended, and required assist- ance to Turkey under this part to be subject to section 2370(x) of this title, respectively. 1976—Subsec. (a). Pub. L. 94–329 designated existing provisions as par. (1), substituted provisions author- izing appropriations for th

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2778 — Control of arms exports and imports

Page 1241 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2778 under section 2763 of this title shall be available solely for payments to suppliers (including the military departments) and refunds to purchasers and shall not be available for financing credits and guaranties. (b) Transfer of funds to miscellaneous receipts of Treasury Amounts received from foreign governments and international organizations as repayments for credits extended pursuant to section 2763 of this title, amounts received from the disposition of instruments evidencing indebtedness under section 2764(b) of this title (excluding such por- tion of the sales proceeds as may be required at the time of disposition to be obligated as a re- serve for payment of claims under guaranties issued pursuant to section 2764(b) of this title, which sums are made available for such obliga- tions), and other collections (including fees and interest) shall be transferred to the miscella- neous receipts of the Treasury. (c) Credit of funds to reserve under section 2764(c) Notwithstanding the provisions of subsection (b), to the extent that any of the funds consti- tuting the reserve under section 2764(c) of this title are paid out for a claim arising out of a loan guaranteed under section 2764 of this title, amounts received from a foreign government or international organization after the date of such payment, with respect to such claim, shall be credited to such reserve, shall be merged with the funds in such reserve, and shall be available for any purpose for which funds in such reserve are available. (Pub. L. 90–629, ch. 3, § 37, Oct. 22, 1968, 82 Stat. 1326; Pub. L. 93–189, § 25(11), Dec. 17, 1973, 87 Stat. 731; Pub. L. 96–533, title I, §§ 104(b), 105(e)(1), Dec. 16, 1980, 94 Stat.

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2778

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40728B — Recovery of excess rifles, ammunition,

Page 147 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 40728B 1 So in original. Probably means section 3204(a) of title 10. 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, ammuni- tion, repair parts, or supplies that become ex- cess to the needs of such country. (b) COST OF RECOVERY.—(1) Except as provided in paragraph (2), the cost of recovery of any sur- plus firearms, ammunition, repair parts, or sup- plies under subsection (a) shall be treated as in- cremental 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 CORPORA- TION.—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. (Added Pub. L. 109–364, div. A, title III, § 354(a), Oct. 17, 2006, 120 Stat. 2162; amended Pub. L. 114–92, div. A, title X, § 1087(a)(2)(A), Nov. 25, 2015, 129 Stat. 1013.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–92, §

Source: Supplied 2024 U.S. Code historical extraction · 36 U.S.C. § 40728B

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