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

submitted 20 years ago by Pub. L. 109-364 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 240 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Army may recover surplus U.S. weapons given to foreign countries. This applies once those countries no longer need the items. The corporation usually pays the recovery costs, sometimes in advance, and can then receive the items.

(a) Authority to Recover The Secretary of the Army may take back, from any country, surplus firearms, ammunition, repair parts, or other supplies (of the kind described in section 40732(a)) that the United States had given that country under section 505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314), once those items become more than the country needs. (b) Cost of Recovery (1) Normally, the cost of recovering these items counts as part of the direct costs of logistical support the Army provides the corporation, and the corporation must reimburse the Army for it, as required under section 40727(a). (2) The Secretary may instead require the corporation to pay the recovery costs in advance. Money paid this way is not subject to section 3302 of title 31, but is handled under the rules in the last sentence of section 40727(a). (c) Availability for Transfer to Corporation Any items recovered this way can then be transferred to the corporation under section 40728, on whatever additional terms the Secretary sets for this purpose.
the actual law source: uscode.house.gov ↗public domain
(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 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)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.

(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 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 under such additional terms and conditions as the Secretary shall prescribe for purposes of this section.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-364 · 120 Stat. 2162
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 1013

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-364 on 2006-10-17.

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