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

Page 145 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 40728 the Army’’ is retained notwithstanding section 1612(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106, 110 Stat. 517) which transferred the Civilian Marksmanship Program, in- cluding the National Matches, from the Secretary of the Army to the corporation. The conforming amend- ments in section 1624 of the Act (110 Stat. 522) did not repeal the authority of the Secretary of the Army to prescribe National Matches under 10:4312 or to prescribe subsistence and travel allowances for competitors under 10:4313. § 40726. Allowances for junior competitors (a) DEFINITION.—In this section, a ‘‘junior com- petitor’’ is a competitor at the National Matches, a small-arms firing school, a competi- tion in connection with the National Matches, or a special clinic under section 40725 of this title who is— (1) less than 18 years of age; or (2) a member of a gun club organized for the students of a college or university. (b) SUBSISTENCE ALLOWANCE.—A junior com- petitor may be paid a subsistence allowance in an amount prescribed by the Secretary of the Army. (c) TRAVEL ALLOWANCE.—A junior competitor may be paid a travel allowance in an amount prescribed by the Secretary instead of travel ex- penses and subsistence while traveling. The travel allowance for the return trip may be paid in advance. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40726(a) (words be- fore cl. (1)). 10:4313(a)(1) (words before ‘‘may be paid’’). 40726(a) (less words be- fore cl. (1)). 10:4313(b). 40726(b) ...... 10:4313(a)(1) (words beginning ‘‘may be paid’’). 40726(c) ...... 10:4313(a)(2). In this section, the provisions for a junior competitor to be paid a subsistence allowance and a travel allow- ance prescribed by ‘‘the Secretary of the Army’’ are re- tained notwithstanding section 1612(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106, 110 Stat. 517) which transferred the Civil- ian Marksmanship Program, including the National Matches, from the Secretary of the Army to the cor- poration. The conforming amendments in section 1624 of the Act (110 Stat. 522) did not repeal the authority of the Secretary of the Army to prescribe National Matches under 10:4312 or to prescribe subsistence and travel allowances for competitors under 10:4313. § 40727. Army support (a) LOGISTICAL SUPPORT.—The Secretary of the Army shall provide logistical support to the Ci- vilian Marksmanship Program for competitions and other activities. The corporation shall reim- burse the Secretary for incremental direct costs incurred in providing logistical support. The re- imbursements shall be credited to the appropria- tions account of the Department of the Army that is charged to provide the logistical support. (b) NATIONAL MATCHES.—(1) The National Matches may be held at Department of Defense facilities where the National Matches were held before February 10, 1996. (2) The Secretary shall provide, without cost to the corporation, members of the National Guard and Army Reserve to support the Na- tional Matches as part of the annual training under title 10 and title 32. (c) REGULATIONS.—The Secretary shall pre- scribe regulations to carry out this section. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40727(a) ...... 36:5507(a). Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1617, 110 Stat. 519. 40727(b)(1) .. 36:5507(c). 40727(b)(2) .. 36:5507(b). 40727(c) ...... 36:5507(d). In subsection (a), the words ‘‘other activities’’ are substituted for ‘‘other activities conducted by the Cor- poration’’ to eliminate unnecessary words. In subsection (b)(1), the words ‘‘continue to’’ are omitted as unnecessary. In subsection (b)(2), the words ‘‘for the use of’’ and ‘‘performance of’’ are omitted as unnecessary. § 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 ci- vilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996), including— (1) all firearms on loan to affiliated clubs and State associations; (2) all firearms in the possession of the Civil- ian Marksmanship Support Detachment; and (3) all M–1 Garand and caliber .22 rimfire ri- fles stored at Defense Distribution Depot, An- niston, Anniston, Alabama. (b) TIME FOR TRANSFERS.—The Secretary shall transfer firearms and ammunition under sub- section (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; or (2) to sell firearms or ammunition under sec- tion 40732 of this title. (c) VESTING OF TITLE IN TRANSFERRED ITEMS.— Title to an item transferred to the corporation under this section shall vest in the corpora- tion— (1) on the issuance of the item to an eligible recipient under section 40731 of this title; or (2) immediately before the corporation deliv- ers the item to a purchaser in accordance with a contract for sale of the item that is author- ized under section 40732 of this title. (d) STORAGE OF FIREARMS.—Firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama, before February 10, 1996, and used for the Civilian Marksmanship Program (as that 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