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Title 36 — Patriotic and National ObservancesRelease 119-73

§40728A Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation

Title 36 › Subtitle Subtitle II— - Patriotic and National Organizations › Part Part B— - Organizations › Chapter CHAPTER 407— - CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY › Subchapter SUBCHAPTER II— - CIVILIAN MARKSMANSHIP PROGRAM › § 40728A

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Army can take back surplus firearms, ammunition, repair parts, or other supplies that were given as grants to foreign countries under section 505 of the Foreign Assistance Act of 1961 when those items exceed a country’s needs. The cost to recover them is treated as extra direct costs the corporation must repay under section 40727(a). The Secretary can require advance payment not covered by section 3302 of title 31. Recovered items can be transferred to the corporation under section 40728 with any extra terms the Secretary sets.

Full Legal Text

Title 36, §40728A

Patriotic and National Observances — Source: USLM XML via OLRC

(a)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 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, ammunition, repair parts, or supplies that become excess to the needs of such country.
(b)(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.
(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)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.

Legislative History

Notes & Related Subsidiaries

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), substituted “section 40732(a)” for “section 40731(a)”.

Reference

Citations & Metadata

Citation

36 U.S.C. § 40728A

Title 36 — Patriotic and National Observances

Last Updated

Apr 6, 2026

Release point: 119-73