Sec. 1098K. Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons
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/bill/114/s/2943/eah/section-1098kA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subchapter II of chapter 407 of title 36, United States Code, is amended by inserting after section 40728A the following new section: Subject to paragraph
(2)and subsection (b), the Secretary of the Army may acquire from any person any rifle, ammunition, repair parts, or other supplies described in section 40731(a) of this title which were— 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 lawfully acquired by such person. The Secretary of the Army may not acquire anything under paragraph
(1)except for transfer to a person in the United States under subsection (c). The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph
(1)notwithstanding section 1342 of title 31. The Secretary of the Army may not acquire anything under subsection
(a)if the United States would incur any cost for such acquisition. Any rifles, ammunition, repair parts, or supplies acquired under subsection
(a)shall be available for transfer in the United States to the person from whom acquired if such person— is licensed as a manufacturer, importer, or dealer pursuant to section 923(a) of title 18; and uses an ammunition depot of the Army that is an eligible facility for receipt of any rifles, ammunition, repair parts, or supplies under this paragraph. Notwithstanding subsection
(k)of section 2304 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 subsection
(c)of such section to carry out this section. Transfers authorized under this section may only be made in accordance with applicable provisions of the Arms Export Control Act ( 22 U.S.C. 2778 ). In this section, the term rifle has the meaning given such term in section 921 of title 18. . Section 40732 of such title is amended— by adding at the end the following new subsection: A person who receives a rifle or any ammunition, repair parts, or supplies under section 40728B(c) of this title may sell, at fair market value, such rifle, ammunition, repair parts, or supplies. With respect to rifles other than caliber .22 rimfire and caliber .30 rifles, the seller shall obtain a license as a dealer in rifles and abide by all requirements imposed on persons licensed under chapter 44 of title 18, including maintaining acquisition and disposition records, and conducting background checks. ; and in subsection (c), in the heading, by inserting after by the Corporation . Limitation on Sales The table of sections at the beginning of chapter 407 of such title is amended by inserting after the item relating to section 40728A the following new item: 40728B. Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons. .
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Sec. 1098K
Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons
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