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36 U.S.C. § 40728A — Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation

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

36 U.S.C. § 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 surplus firearms, ammunition, repair parts, or other supplies described in [section 40732(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40732/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2314&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40727/a&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), but shall be administered in accordance with the last sentence of [section 40727(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40727/a&num=0&edition=prelim). **(c) Availability for Transfer to Corporation.—** Any surplus firearms, ammunition, repair parts, or supplies recovered under subsect

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Stable record: federal_law:legal_authorities:record_usc_e0b4eb9778f1dc5d11299bb7
Source file: Laws/federal/codes/united-states-code/title-36/section-40728a-recovery-of-excess-firearms-ammunition-and-parts-granted-to-foreign-coun--581e08541b.md
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Source location: Title 36, Chapter 407, § 40728A; chapter-407-corporation-for-the-promotion-of-rifle-practice-and-firearms-safety.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40732/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2314&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40727/a&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), but shall be administered in accordance with the last sentence of [section 40727(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40727/a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40728&num=0&edition=prelim) under such additional terms and conditions as the Secretary shall prescribe for purposes of this section.

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

36 U.S.C. § 40728 — Transfer of firearms, ammunition, and parts

**(a) Required Transfers.—** In accordance with subsection (b) of this section, the Secretary of the Army shall transfer to the corporation all firearms and ammunition that, on February 9, 1996, were under the control of the director of civilian marksmanship (as that position existed under [section 4307 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4307&num=0&edition=prelim) on February 9, 1996), including— (1) all firearms on loan to affiliated clubs and State associations; (2) all firearms in the possession of the Civilian Marksmanship Support Detachment; and (3) all M–1 Garand and caliber .22 rimfire rifles stored at Defense Distribution Depot, Anniston, Anniston, Alabama. **(b) Time for Transfers.—** The Secretary shall transfer firearms and ammunition under subsection (a) of this section as and when necessary to enable the corporation— (1) to issue or loan firearms or ammunition under [section 40731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40731&num=0&edition=prelim); or (2) to sell firearms or ammunition under [section 40732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40732&num=0&edition=prelim). **(c) Vesting of Title in Transferred Items.—** Title to an item transferred to the corporation under this section shall vest in the corporation— (1) on the issuance of the item to an eligible recipient under [section 40731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40731&num=0&edition=prelim); or (2) immediately before the corporation delivers the item to a purchaser in accordance with a contract for sale of the item that is authorized under [section 40732 of this title](https:

Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 40728

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2314

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

31 U.S.C. § 3302 — Custodians of money

**(a)** Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without— (1) lending the money; (2) using the money; (3) depositing the money in a bank; and (4) exchanging the money for other amounts. **(b)** Except as provided in section 3718(b) 11 See References in Text note below. of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim. **(c)** (1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian. (2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1). **(d)** An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to w

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3302

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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

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2314

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

36 U.S.C. § 40728A — Recovery of excess firearms, ammuni-

Page 146 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 40728A program existed under section 4308(e) of title 10 before February 10, 1996), shall remain at that facility or another storage facility designated by the Secretary, without cost to the corpora- tion, until the firearms are issued, loaned, or sold by the corporation, or otherwise transferred to the corporation. (e) DISCRETIONARY TRANSFER OF PARTS.—The Secretary may transfer from the inventory of the Department of the Army to the corporation any part from a rifle designated to be demili- tarized. (f) LIMITATION ON DEMILITARIZATION OF M–1 RI- FLES.—After February 10, 1996, the Secretary may not demilitarize an M–1 Garand rifle in the inventory of the Army unless the Defense Logis- tics Agency decides the rifle is unserviceable. (g) COST OF TRANSFERS.—A transfer of fire- arms, ammunition, or parts to the corporation under this section shall be made without cost to the corporation, except that the corporation shall assume the cost of preparation and trans- portation of firearms and ammunition trans- ferred under this section. (h) AUTHORIZED TRANSFERS.—(1) Subject to paragraph (2), the Secretary may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M1911/M1911A1 pistols and spare parts and re- lated accessories for those pistols that, on the date of the enactment of this subsection, are under the control of the Secretary and are sur- plus to the requirements of the Department of the Army, and such material as may be recov- ered by the Secretary pursuant to section 40728A(a) of this title. The Secretary shall deter- mine a reasonable schedule for the transfer of such surplus pistols. (2) The Sec

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

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