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 Secretary may not transfer more than 10,000 surplus caliber .45 M1911/M1911A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols de- scribed in paragraph (1) remain available for transfer. (i) AUTHORIZED NAVY TRANSFERS.—(1) Notwith- standing subsections (a) and (b), the Secretary of the Navy may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, M–1 Garand and caliber .22 rim- fire rifles held within the inventories of the United States Navy and the United States Ma- rine Corps and stored at Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare Center, Crane, Indiana, as of the date of the enactment of the National Defense Author- ization Act for Fiscal Year 2018. (2) The items specified for transfer under para- graph (1)— (A) shall be used as awards for competitors in marksmanship competitions held by the United States Marine Corps or the United States Navy and may not be resold; and (B) shall be rendered inoperable prior to award and transfer to marksmanship competi- tors. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1339; Pub. L. 114–92, div. A, title X, § 1087(a)(1), Nov. 25, 2015, 129 Stat. 1012; Pub. L. 115–91, div. A, title III, § 349, Dec. 12, 2017, 131 Stat. 1366.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40728(a) ...... 36:5505(a). Feb. 10, 1996, Pub. L. 104–106, title XVI, §§ 1615, 1616(b), (c), 110 Stat. 518, 519; Sept. 23, 1996, Pub. L. 104–201, title X, § 1073(c)(1), (2), 110 Stat. 2657. 40728(b) ...... 36:5505(b). 40728(c) ...... 36:5505(d). 40728(d) ...... 36:5506(b). 40728(e) ...... 36:5505(c). 40728(f) ....... 36:5506(c). 40728(g) ...... 36:5505(e). In subsection (a), the words ‘‘director of civilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996)’’ are substituted for ‘‘Director of the Civilian Marksmanship Program’’ to avoid confusion with the office of the Director of Civil- ian Marksmanship created on February 10, 1996, by sec- tion 1611(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106, 110 Stat. 516). In subsection (b), the words ‘‘firearms or ammuni- tion’’ are substituted for ‘‘such items’’ for clarity. In clause (2), the words ‘‘to purchasers’’ are omitted as un- necessary. In subsection (c)(1), the words ‘‘eligible recipient’’ are substituted for ‘‘recipient eligible . . . to receive the item’’ to eliminate unnecessary words. In subsection (c)(2), the word ‘‘purchaser’’ is sub- stituted for ‘‘purchaser of the item’’ to eliminate un- necessary words. In subsection (d), the words ‘‘(as that program existed under section 4308(e) of title 10 before February 10, 1996)’’ are added for clarity. The words ‘‘issued, loaned, or sold by the corporation’’ are substituted for ‘‘issued, loaned, or sold by’’ for clarity. In subsection (e), the words ‘‘transfer . . . to’’ are substituted for ‘‘make available to’’ for consistency in the revised section and in consideration of the words ‘‘transfer of . . . parts to’’ in 36:5505(e). Editorial Notes REFERENCES IN TEXT Sections 4307 and 4308 of title 10, referred to in sub- secs. (a) and (d), were repealed by Pub. L. 104–106, div. A, title XVI, § 1624(a)(1), Feb. 10, 1996, 110 Stat. 522. The date of the enactment of this subsection, referred to in subsec. (h)(1), is the date of enactment of Pub. L. 114–92, which was approved Nov. 25, 2015. The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (i), is the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017. AMENDMENTS 2017—Subsec. (i). Pub. L. 115–91 added subsec. (i). 2015—Subsec. (h). Pub. L. 114–92 added subsec. (h). Statutory Notes and Related Subsidiaries TRANSFERS OF SURPLUS FIREARMS TO CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIRE- ARMS SAFETY: PILOT PROGRAM AND LIMITATION Pub. L. 114–92, div. A, title X, § 1087(b), (c), Nov. 25, 2015, 129 Stat. 1013, 1014, which related to a one-year pilot program under which the Secretary could transfer to the Corporation for the Promotion of Rifle Practice and Firearms Safety certain firearms, was repealed by Pub. L. 115–91, div. A, title X, § 1091(c), Dec. 12, 2017, 131 Stat. 1608. § 40728A. Recovery of excess firearms, ammuni- tion, 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 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, § 1087(a)(2)(A)(i), substituted ‘‘surplus firearms’’ for ‘‘rifles’’ wherever appearing. Subsec. (a). Pub. L. 114–92, § 1087(a)(2)(A)(ii), sub- stituted ‘‘section 40732(a)’’ for ‘‘section 40731(a)’’. § 40728B. Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons (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 sup- plies described in section 40731(a) of this title 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) that became excess to the needs of such country; and (B) lawfully acquired by such person. (2) The Secretary of the Army may not ac- quire 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 ri- fles, ammunition, repair parts, or other supplies under paragraph (1) notwithstanding section 1342 of title 31. (b) COST OF RECOVERY.—The Secretary of the Army may not acquire anything under sub- section (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 trans- fer 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; and (2) uses an ammunition depot of the Army that is an eligible facility for receipt of any ri- fles, ammunition, repair parts, or supplies under this paragraph. (d) MARKET VALUE.—The Secretary of the Army may only transfer an item under sub- section (c) if the Secretary receives fair market value for the item. (e) CONTRACTS.—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. (f) AECA.—Transfers authorized under this section may only be made in accordance with applicable provisions of the Arms Export Con- trol Act (22 U.S.C. 2778). (g) RIFLE DEFINED.—In this section, the term ‘‘rifle’’ has the meaning given such term in sec- tion 921 of title 18. (Added Pub. L. 114–328, div. A, title X, § 1096(a), Dec. 23, 2016, 130 Stat. 2440; amended Pub. L. 117–81, div. A, title XVII, § 1702(l)(7), Dec. 27, 2021, 135 Stat. 2160.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsec. (f), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Ta- bles. AMENDMENTS 2021—Subsec. (e). Pub. L. 117–81 substituted ‘‘section 3201(e)’’ for ‘‘subsection (k) of section 2304’’ and ‘‘sec- tion 3204(a)’’ for ‘‘subsection (c) of such section’’. Statutory Notes and Related Subsidiaries REPORT ON ACQUISITION AND TRANSFER Pub. L. 114–328, div. A, title X, § 1096(d), Dec. 23, 2016, 130 Stat. 2441, provided that: ‘‘(1) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of the Army shall submit to the Committee on Armed Services and the Committee on Foreign Re- lations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on the acquisition and transfer of excess rifles, ammunition, repair parts, and other supplies described in section 40731(a) of title 36, United States Code, that were provided to a country on a grant basis under the conditions imposed by sec- tion 505 of the Foreign Assistance Act of 1961 [22 U.S.C. 2314]. The report shall include each of the following: ‘‘(A) A list of excess rifles, ammunition, repair parts, and other supplies known to the United States